Conditions of Use Plus DAZN
Effective 2 January 2023
TERMS AND CONDITIONS OF USE
1. Who we are
1.1 Hello and welcome to the world of DAZN. We are a service that offers its users streaming access to a wide range of sporting events from around the world on a variety of internet-enabled devices, including TVs, PCs and other platforms ("DAZN Service"). To enhance your enjoyment of the DAZN Service we will also provide you with suggestions of events in which you may be interested and other interesting sports information.
1.2.The DAZN Service is provided by DAZN Limited (formerly Perform Investment Limited) ("We", "Us").We (and not an external payment service provider) are solely responsible for the provision of the DAZN Service and the application thereof.
1.3 DAZN guarantees the rights of users to adequate and transparent information as expressly provided for in the Service Charter, which is deemed to be fully referred to in the Terms of Use.
2. Main Conditions of Use
2.1.We provide online video (among other things) streaming of sporting events (both live and on demand), news about sporting events and other related content, the composition and availability of which may vary over time (collectively, the "Content"). The Content is normally subject to certain limitations (including, without limitation, certain territorial limitations). You will be able to access and use the DAZN Service in any country in which the Service is available, although the Content (and the language in which the Content is available) will vary from territory to territory.If, based on our review, you are found to be entitled to portability (see our FAQs in this respect), you will be able to access and use the DAZN Service if you are temporarily present in another European Economic Area ("EEA") Member State, regardless of whether the DAZN Service is normally available in that EEA Member State.
2.2.You should read these Terms of Use ("Terms") before activating the DAZN Service. Please note that any offer, promotion or discount you may receive may be subject to additional terms and conditions that supersede or supplement these Terms. In the event of any conflict between these Terms and the additional terms, the latter shall prevail.
2.3.We may make changes to these Terms, such as, by way of example, in the event of changes to the range of sporting events included in the DAZN Service, changes to ensure better functionality of the DAZN Service, technical and/or economic requirements, changes in commercial policies and/or technical changes to the platform for the provision of the DAZN Service, changes in market conditions or the need to address security needs or problems, including in relation to abusive and/or fraudulent phenomena occurring in the use of the DAZN Service.Any changes to these Terms will be notified to you by email to the most recent address in our possession. Any changes to the payment terms will also be notified to you in the same manner. Any such notice will clearly state the change in question, which will take effect thirty (30) days from the date of the notice, and the reason for the change, and you may terminate your contract within sixty (60) days of such notice if you do not wish to accept the change. In the absence of such notice of withdrawal within the aforementioned period, the contractual changes shall be deemed to have been accepted.Notwithstanding the foregoing, changes made in order to comply with the law, including in the event of regulatory changes, may take effect immediately.
2.4.The DAZN Service and all content displayed through the same are for personal and non-commercial use only. By subscribing to the DAZN Service, you are granted a limited, non-exclusive and non-transferable licence to access the DAZN Service and view Content on an exclusive streaming basis. With the exception of this limited licence, no other rights, interests or title will be transferred to you. You agree not to use the DAZN Service for public performances.
2.5.The offer you enter into with us is subject to the authorisation by the respective payment service provider supported by us of all payments due from time to time, i.e. the validity of your promotional code, if any, and is at all times subject to these Terms. It is specified that payments shall be handled by a payment service provider located in the EU.
2.6.You agree that we may share information with third party rights holders in relation to Content viewed by you while using the DAZN Service. Such information will be shared on an anonymous basis.
2.7.We may terminate your existing contract at any time by written notice to you by email at least sixty (60) days prior to the end of the current offer period. This shall be without prejudice to the right to termination for cause pursuant to Section 8.2. In the event of termination of the contract in force with the user for reasons other than the user's breach of contract, the user may be entitled to receive a refund of the sums paid as consideration for the services relating to the DAZN Service not yet used.
3.Free trial period
3.1.If the User takes advantage of an offer with a free trial period for the DAZN Service, this free trial period will be specified to the User during the subscription process. You may receive offers and discounts in relation to the DAZN Service at any time. Such offers may not apply to your specific account.
3.2.At the end of the free trial period, and unless the offer is cancelled before the end of the free trial period, the User's Payment Method (as defined below) shall be charged for the monthly amount of the offer. To view the monthly cost of the service and the expiration date of the free trial period, visit the website and click on the "My Account" page. If you have subscribed to the DAZN Service using your account indicating a third party as the Payment Method, you may need to withdraw in accordance with Article 5.2.
4.Financial Aspects
4.1.You will be fully responsible for all costs associated with the use of the DAZN Service.
4.2.The activation of the offer shall only cover access to the DAZN Service. Telephone line costs and any other communication or access costs will be charged separately to you by your ISP or service provider. All our prices include taxes (VAT/ MwSt / CT or other similar tax in other territories or jurisdictions) at the rates in force from time to time.
4.3.Payments must be made by credit card; debit card; PayPal or other accepted, valid and current payment method, including third party providers of supported payment services ("Payment Method"). The user confirms that he/she is the owner of the Payment Method used, i.e. that he/she has the authorisation to use the same from the card or account holder. All accounts and Payment Methods are subject to authorisation and validity checks by the respective provider. If the Payment Method used is rejected, you will not be permitted to access the DAZN Service until a valid Payment Method is provided by you and approved by us. For some Payment Methods the issuer may charge certain fees, such as currency transaction fees or other fees related to the processing of the Payment Method. Locally applied tax charges vary depending on the Payment Method used. You are invited to check the details with your Payment Method provider.
4.4.We reserve the right to reject payments in accordance with applicable law.
4.5.The amount due for use of the DAZN Service will be debited monthly from your chosen Payment Method on the calendar day corresponding to the activation of the service or as otherwise specified by the Payment Method provider. In some cases the debit date may vary, for example if the day of activation is not contained in a certain month. The payment will be processed on a secure site.
4.6.You can view the next payment date and change the payment method by accessing the "My Account" link on the website or via our app. If you subscribe to the DAZN Service using an account with a third party as the Payment Method, you may need to access that account to view your payment information and change your payment method.
4.7.Subject to Section 2.3 above, we may change our service plans from time to time.
4.8. Subject to Clause 2.3 above, we reserve the right to increase the price of the DAZN Service. Any price increase will be notified to you by email to the most recent address we have. Any such notice shall clearly state the price increases in question and the sixty (60) day period from such notice within which you may withdraw from your contract if you do not wish to accept the price changes proposed to you, which shall take effect thirty (30) days after such notice. In the absence of such notice of withdrawal within the aforementioned period, the aforementioned changes shall be deemed accepted.
4.9 In some cases you may be offered the option to suspend the DAZN Service for a limited period by logging in to the "My Account" page. If you decide to suspend the Service, it will be automatically reactivated at the end of the suspension period on the date specified on the "My Account" page. Upon reactivation, the monthly fee will be due and the chosen Payment Method will be debited on the calendar day corresponding to the reactivation of the paid service (or as otherwise specified by the Payment Method issuer). In some cases the debit date may change, e.g. if the offer started on a day that is not contained in one of the following months.
5. Withdrawal by the User
5.1. You may withdraw from the DAZN Service by logging in to the "My Account" page and clicking on the "Cancel Subscription" button. The request to withdraw from the DAZN Service may be made at any time prior to its expiry. Withdrawal will become effective on the 30th day following the date of the request and access to the Service will be permitted until the aforementioned deadline, except as otherwise provided for prepaid cards or codes. Without prejudice to the provisions of Article 6.1, on the date of the request for withdrawal, the amount due for the period up to the expiry of the aforementioned term (thirtieth day) shall be debited, from which the days already paid with the previous debit shall be deducted.
5.2. In the event that you have subscribed to the DAZN Service using your account by indicating a third party as a Payment Method and you wish to withdraw from the DAZN Service, you may need to proceed through such third party, for example by accessing your account and deselecting the "automatic renewal" option, or by withdrawing from the DAZN Service through such party, subject to the provisions of article 14 below.
6. Exercise of the Right of Cooling-off
Without prejudice to the provisions of Article 6.2, the User may terminate the contract without giving any reasons within fourteen (14) days from the day on which the contract is signed. To exercise the right of withdrawal, click on the "Help" button on the DAZN website homepage and select the "Contact us" option. You will be guided through a quick system to fill in your request so that you can exercise your right of withdrawal directly from your PC or through the DAZN app. Alternatively, you can send to DAZN Limited, Piazza San Babila n. 3, 20122 Milano (MI), a clear message to this effect (e.g. by registered letter or e-mail tohelp@DAZN.com ) also using the appropriate form available at the linkhttps://www.dazn.com/help . The deadline shall be deemed to have been met if the notice of withdrawal is sent before the expiry of the period in which the right of withdrawal may be exercised. In the event that you have subscribed to the DAZN Service using your account indicating a third party as the Payment Method and you wish to withdraw from the DAZN Service, you may need to proceed through such third party Payment Method.
6.1. Consequences of exercising the Right of Revocation
In the event that you exercise your Right of Cooling-Off within fourteen days of signing the contract, if you do not use the service and subject to the provisions of Article 7.2 below, you shall receive deactivation of the service and a possible refund of the payments received by us within fourteen (14) days of receipt of the relevant notice. Unless otherwise agreed, the same payment method used for the original transaction will be used for the eventual refund; in no case will refund penalties be applied.
6.2. Expiry of the Right of Revocation
The right of cooling-off shall expire if the performance of the contract by us commences after you (i) have expressly consented to the commencement of the performance of the contract by us prior to the time limit for exercising the right of cooling-off, and (ii) have agreed that by your consent you would lose the opportunity to exercise your right of cooling-off with respect to the contract after the commencement of the performance of the contract.
7. Technical Requirements
7.1.It is your responsibility to ensure that you own and maintain the hardware and software required to access, receive and view the DAZN Service.
7.2.We will use our best endeavours to ensure that the DAZN Service is always available. However, the DAZN Service is provided on an "as is" basis, without any further guarantees ("as is"), so without prejudice to Articles 7.4 and 12 below, we shall not be liable to you as a result of, for example, the cancellation or interruption of an event, or the failure to broadcast a scheduled or advertised event, or the inability of you to view an event on a specific device on the platform, for reasons not attributable to DAZN.
7.3.From time to time we may need to suspend the DAZN Service to carry out maintenance or updates. We will endeavour to keep such suspensions to a minimum.
7.4.We undertake to provide the DAZN Service with reasonable care and professionalism. Other than that, we make no representations or warranties (and, subject to Section 12, exclude all warranties and conditions otherwise implied to the fullest extent permitted by law). This does not affect any other rights you may have as a consumer under the law. We (and not any third party payment service provider) will be the addressee of any claim that you or any third party may have in relation to the DAZN Service and/or your use of it.
7.5. If you believe that you are entitled to a refund as a result of the failure of the DAZN Service to comply with applicable warranties, please follow the refund procedure as set out in the DAZN Service Charter available on the DAZN website and DAZN app or contact us by selecting the "Contact us" option on our website or app[1] . Where the user has subscribed to the DAZN Service using a third party payment service provider, the third party payment service provider may be notified of such non-compliance and the third party payment service provider may refund the user the purchase price paid. To the maximum extent permitted by law, such third party payment service provider shall have no other guarantee or obligation of any kind in relation to the DAZN Service. Any refunds will be processed through the Payment Method chosen by you.
7.6.The quality of streaming sports events may vary from computer to computer, and from device to device, and may be affected by a variety of factors, such as your location, available bandwidth and/or the speed of your internet connection.
7.7.The DAZN Service provides content in HD. The minimum download speed recommended in this regard depends on the type of device being used, as illustrated in the following link:https://www.dazn.com/help/articles/how-fast-does-my-internet-need-to-be-it . We recommend that you check with your Internet service provider about the possible costs for using Internet data.
7.8.The streaming software used to offer the DAZN Service may vary depending on the device and the medium, and the functionality may also vary from one device to another. You acknowledge that use of the DAZN Service may require third party software subject to relevant licences.
8. Use of the DAZN Services
8.1.We are the owner or the licensee of all intellectual property rights related to the DAZN Service (including all Content). All material, including without limitation the design, text, software, graphics, images and footage received from you (and selections or reworkings thereof) are subject to our and/or others' copyright. In the event of any claim by any third party that the DAZN Service or your use of the DAZN Service infringes the above intellectual property rights of any third party, we (and not a third party payment service provider) shall be solely responsible for investigating, defending, settling and resolving such claim.
You undertake to:
8.1.1. to use the DAZN Service solely for non-commercial purposes, without gaining any financial or other gain, and not to allow any other person to use the DAZN Service, except for cohabiting members within your household. You shall not request payment for the viewing of the DAZN Service, nor shall you use the DAZN Service to attract other persons towards the purchase of products, from yourself or from third parties, or towards access to certain premises;
8.1.2.at any time, view the DAZN Service only via authorised devices in accordance with Article 8.3 below. Passwords must be kept secure and passwords and other access codes must not be shared with anyone or otherwise made accessible to others. The User acknowledges that the sharing of passwords and/or other access codes carried out in order to allow third parties access to the DAZN Service, in violation of the relative Conditions of Use, constitutes an illicit and fraudulent activity in relation to which DAZN reserves the right to take any action to protect itself, including compensation for damages;
8.1.3. not copy, record or store all or any part of the DAZN Service (except to the extent permitted by us within the scope of the functionality of the application), or hijack, re-share, re-transmit, stream or otherwise distribute all or any part of the DAZN Service to others, or authorise, permit or cause others to do any of the foregoing
8.1.4. not to alter, disassemble, decompile or reverse engineer any part of the DAZN Service
8.1.5. not view the DAZN Service in circumstances in which the public may simultaneously view it or authorise, permit or procure any other person to do any of the foregoing; and
8.1.6. not to abuse the DAZN Service or use it for unlawful or unauthorised purposes (including, for example, transmitting computer viruses through the Site, or using the Site in a manner that infringes the rights of others).
8.2.We may suspend or block access to the DAZN Service with immediate effect, or cancel any promotions, offers or discounts related to access, if:
8.2.1. we have reasonable grounds to believe that:
8.2.1.1. your use of the DAZN Service is offensive or against the interests of other users; or
8.2.1.2. you have breached these Terms; or
8.2.2. you are required to do so by a regulatory authority.
If relevant in the circumstances, the user shall be informed in advance of such withdrawal, suspension or termination of promotional offers. However, such notification may not always be possible.
8.3.The user, except as otherwise provided for in any additional specific offers, has the right to associate to his account up to a maximum of seven supported devices and, if connected to his home internet network (cable or wi-fi: fibre, xDSL; FWA) may also simultaneously use up to a maximum of two for each of the two IPs permitted to use the DAZN Service; in all other cases, the user may use the DAZN Service on a single device, without prejudice to the right to associate to his account up to a maximum of six supported devices. DAZN reserves the right, subject to prior notice to the user, to insert, for each month of the contractual term, a maximum number of times in which the user may change the devices associated with his account with other devices, subject to the maximum number of devices per offer, without prejudice to any cases of proven loss of devices (for example, by submitting a report of loss or theft) which may allow the change even if the aforementioned monthly limit is reached. Pursuant to Article 8.1.2 above, the User accepts that the login data is unique to the same and cannot be shared with others; the User acknowledges that any violation of this provision constitutes an illegal and fraudulent activity in relation to which DAZN reserves the right to take any action for its protection, including compensation for damages. Such data may be modified at any time by visiting our website and clicking on the "My Account" page.
8.4.Subject to and to the extent permitted by Article 2.3., we reserve the right to remove or edit content made available through the DAZN Service at any time.
9. Protection of user security
You must be careful with any communication that requires you to provide credit card or account information. Providing personal information in response to this type of communication could result in identity theft. It is important that you always access sensitive information relating to your account by logging directly into the DAZN Service and not through a hyperlink contained in an email or other electronic communication, even if apparently official.
10. Age limits
In order to use the DAZN Services you must be 18 years of age or older, which is the age of majority in your state, province or territory of residence.
11. Compensation
11.1.You agree to fully indemnify us in relation to any damages, expenses and costs (including legal fees) incurred by us as a result of:
11.1.1. misrepresentations, wilful or negligent acts or omissions made by you in relation to your use of the DAZN Service;
11.1.2. your wilful or negligent failure to comply with these Terms; or
11.1.3. any action brought by a third party as a result of or in connection with your wilful or negligent access to the DAZN Service in a manner inconsistent with these Terms.
11.2. The damages referred to in Clause 11.1. shall also include any liability incurred against our Affiliates or our licensors (or the licensors of our Affiliates) (including affiliates of our Affiliates) as a result of any of the events referred to in Clauses 11.1.1. - 11.1.3.
12. Liability
12.1. The DAZN Service is provided on an as is basis. We (including our sports event licensors) shall not be liable to you or to any third party in the event of any (total or partial) delay, malfunction, suspension, interruption and/or unavailability (each of these individually referred to as an "Unavailability") in the provision of the DAZN Service caused by: force majeure or fortuitous event; tampering or unlawful interventions by third parties on services and equipment used by Us; tampering or interventions on the equipment that falls within the availability of the user; incorrect use of the DAZN Service by the user; malfunction/incorrect configuration of the equipment used by the user; or by Indisposability, insufficient bandwidth, or lack of adequate speed of the access service (such as the user's bandwidth supply service or internet connection).
Furthermore, we shall not be liable for any damages resulting from your failure to comply with your obligations under these Terms.
12.2.Where the DAZN Service contains links to sites and resources provided by third parties, we will have no control over the content of those sites, resources or services. Your use of any such third party sites, resources or services will be covered by the terms and conditions and privacy policy of that third party and we disclaim any liability in relation to the same or any loss or damage that may arise from your use of them.
12.3.Comments and other materials posted on the DAZN Service are not intended to provide advice on which reliance should be placed. We therefore disclaim any liability as a result of reliance placed on such materials by users of the DAZN Service or anyone who may be informed of such content.
13. Contact
13.1.You may contact us to discuss technical issues or for any other reason by selecting the "Contact Us" option on our website or app. In order for us to help you, we may ask you to provide your email address, home address, product details, payment information, and your address to provide assistance or identify the offer. It shall be our responsibility (and not the responsibility of the third party payment service provider) to provide all necessary maintenance and support in relation to the DAZN Service.
13.2.In the event of activation to the DAZN Service, you must notify us immediately of any changes to your personal details by updating them in the "My Account" section of the Website or via the Application.
13.3.Any communication from us will be sent by email to the most recent address in our possession. We will not be responsible for not receiving any messages sent to you.
14. Third Party Applications
You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") which interact with the DAZN Service. Your use of such Applications may be subject to the third party's terms of use or licence, with which you shall comply. We cannot in any way be held liable in relation to the terms and conditions of third party Applications that you may use as part of the DAZN Service.
15. Force Majeure
Neither we nor any third party rights holder shall be liable for any delay or failure to provide the DAZN Service to the extent that such delay or failure is due to causes beyond our or such third party's reasonable control, including, without limitation, failure of mechanical or electronic equipment or communication lines, the actions of third parties (e.g. blocking of the service and abuse or misuse of the DAZN Service), telephone or other connection problems, computer viruses, unauthorised access, theft, operator error, fire, adverse weather conditions including flooding, acts of God, actions or regulations of regulatory, governmental or supranational authorities, wars, riots, industrial disputes and the cancellation or postponement of events.
16. Waiver
No waiver by us or any third party rights holder shall be construed as a waiver of any statutory right or remedy, or any subsequent breach of any provision of these Terms.
17. Third Party Rights
Clauses 2, 7, 11, 12, 14, 15 and 16 confer benefits on and are intended to be enforceable by third party rights holders and payment service providers. Notwithstanding the provisions of this clause, no person who is not a party to the contract governed by these Terms shall be entitled to enforce any provisions of these Terms, subject, however, to any statutory rights and remedies available to a third party under applicable law.
18. Assignment
Notwithstanding the following paragraph of this Section 18, we may assign, subcontract or otherwise dispose of our rights and/or obligations under these Terms without notifying you or obtaining your consent.
In the event of an assignment of the existing contract with you to a third party, we shall notify you of this, and you shall be entitled to withdraw from the contract by means of a declaration to us within four weeks of receipt of our notice.
You may not assign, subcontract or otherwise dispose of your rights and/or obligations under these Terms.
19. Severability
Should any provision of these Terms be unlawful or unenforceable, this shall not affect the validity of the remaining Terms.
If an unlawful or unenforceable provision is found to be lawful or enforceable if part of it is deleted, that part shall be deemed deleted and the remaining part of the provision shall remain in force.
20. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by Italian law, including consumer protection laws.
For any dispute relating to the DAZN Service and/or to these Terms and Conditions, the Italian jurisdiction at the consumer's court shall be competent, subject to prior recourse to the applicable extra-judicial dispute resolution procedures, in accordance with the procedures set out in the DAZN Service Charter.
DAZN Limited (formerly Perform Investment Limited) is a company of the DAZN Group (formerly Perform Group), incorporated and governed by English law, with its registered office at 12 Hammersmith Grove, London, W6 7AP, United Kingdom and a branch office at Piazza San Babila n. 3, 20122 Milan.
However, we prefer to resolve any disputes in an amicable manner. To this end, we invite you not to hesitate to contact us by selecting the "Contact us" option on our website or app.
[1] The maximum refund consists of 25% of the monthly amount owed by the user, net of any discounts or promotions. The maximum refund a user may be entitled to in a month is 100% of the monthly amount, net of any discounts or promotions.