General Subscription Terms and Conditions for DAZN GOAL PASS Annual - One-Time Payment
Effective from October 21, 2024
1. Who we are
1.1 Good morning 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 to be understood as fully referred to in the Conditions of Use.
2. Main Terms 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 regard), 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.Before activating the DAZN Service, you are encouraged to read these Terms of Use ("Terms"). 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 a 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. You may terminate your contract without penalty within sixty (60) days of such notice if you do not wish to accept the changes in accordance with Clause 4.8. In the absence of such notice of termination within the aforementioned period, the contractual changes shall be deemed accepted.Notwithstanding the foregoing, changes made in order to comply with the law, also in the event of regulatory changes, or in order to adapt to indications coming from public institutions or authorities, and, finally, changes that are exclusively for the betterment of the user in the use of the service may take effect immediately and the aforementioned information notice shall not be necessary; in the event of withdrawal by the customer, the costs provided for in the contract signed shall be due.
2.4.The DAZN Service and all content displayed through the same are for your exclusive personal and non-commercial use. 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 signed with us is subject to the authorisation by the respective supported payment service provider of all payments due from time to time, i.e. the validity of the user's promotion code, if any, and is at all times subject to these Conditions. Please note 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 you view while using the DAZN Service. Such information will be shared on an anonymous basis.
2.7.We may terminate the existing contract with you at any time by written notice by e-mail at least sixty (60) days prior to the end of the current offer period. This does not affect the right to terminate for cause pursuant to Section 8.2.
3. Duration of the contract
The contract will last for one year from the date of service activation and will be tacitly renewed from year to year unless terminated earlier or on expiry.
If the user has chosen Klarna "Pay in 3" as payment method, accepting its terms and conditions, this contract will last for one year from the date of service activation. If the user, prior to the expiration of the subscription plan, updates the payment method by choosing an alternative payment option to Klarna "Pay in 3", this agreement shall be deemed to be tacitly renewed from year to year unless terminated earlier or cancelled upon expiration. The renewal amount will be charged via the new chosen payment method.
4. Free trial period and free contents
4.1.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.
4.2.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 annual amount of the offer. To view the annual 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 by indicating a third party as Payment Method, you may need to withdraw in accordance with Section 6.2.
4.3 DAZN reserves the right to provide free offers for selected content, including Serie A and/or Serie B matches, selected at its discretion, up to 5 Serie A matches per Championship and one Serie B match per Match Day.
5. Economic aspects
5.1.All expenses relating to the use of the DAZN Service shall be borne entirely by the user.
5.2.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.
5.3.Payments shall be made by credit card; debit card; PayPal ("Payment Method"). Payments for the residential subscription contract may be made in one lump sum, at the time of service activation, unless otherwise specified. The user confirms that he/she is the owner of the Payment Method used, i.e. that he/she has authorisation for its use by 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. Please check with your Payment Method provider for details.
5.4.We reserve the right to refuse payments that do not comply with applicable laws.
5.5.You can view your next payment date and change your 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 a Payment Method, you may need to access that account to view payment information and change your payment method.
5.6.In the case of a residential subscription, invoices will be sent to the user's available e-mail address on request. In the event of late payment, in relation to the due date, DAZN reserves the right to suspend the service. This may only be reactivated following verification by DAZN that all outstanding amounts have been paid.
5.7 Subject to Article 2.3 above, we may change our service plans from time to time.
5.8. Notwithstanding Article 2.3, we reserve the right to increase the price of the DAZN Service. Any increase in price shall be notified to you by email to the most recent address in our possession. Any such notice shall clearly state the price increases in question and the sixty (60) day period from such notice within which you may terminate your contract without penalty 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.
6. Withdrawal by the User
6.1. You may withdraw from the DAZN Service by logging in to the "My Account" page and clicking on the "I do not want to renew" button. The request to withdraw from the DAZN Service may be made at any time prior to its expiry. The withdrawal will be completed at the end of the calendar year following the date of the request and access to the Service will be permitted until the aforementioned deadline. 6.2. In the event that the user has subscribed to the DAZN Service using his own account by indicating a third party as the Payment Method (with the exception of Google Play Store), it will be possible to subscribe to this subscription contract exclusively by means of a lump-sum payment of the fees due and it will not be possible to choose the contract with monthly payment. In addition, in the event that the user wishes to withdraw from the DAZN service subscribed to through a third party, it may be necessary to proceed through such third party, for example by accessing your account and deselecting the "automatic renewal" option, or by cancelling your subscription to the DAZN service through such third party, subject to the provisions of article 15 below.
7. Exclusion of the Right of Withdrawal
DAZN offers content that by its nature allows the user the immediate activation of the service and the associated plan. In this regard, unless otherwise provided for, DAZN avails itself of the regime of exception to the right of withdrawal (cooling-off) under Article 59 paragraph 1 of Legislative Decree no. 206/05 (Consumer Code) concerning the exclusion of the right of cooling-off for contracts for the provision of services whose execution has begun with the express agreement of the user and with the acceptance by the latter to proceed with the activation and start of the execution of the service in the first 14 days after signing the contract.
8. Technical Requirements
8.1.It is your responsibility to ensure that you own and maintain the hardware and software required to access, receive and view the DAZN Service.
8.2.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, 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.
8.3.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.
8.4.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) shall be the addressee of any claim that you or a third party may have in relation to the DAZN Service, the use thereof and/or the amounts charged.
8.5. 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, we encourage you to follow the refund procedure as set out in the DAZN Service Charter available on the DAZN website and DAZN app or to contact us by selecting the "Contact us" option on our website or app1. If you have subscribed to the DAZN Service using a third party payment service provider (other than the Google Play Store), you may notify the third party payment service provider of such non-compliance and the third party payment service provider may refund the amount paid to you. To the maximum extent permitted by law, this 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 the user.
8.6. The quality of sports streaming may vary from computer to computer, and from device to device, and may be affected by a variety of factors, such as the user's location, the available bandwidth and/or the speed of the Internet connection.
8.7. The DAZN Service provides content in HD. The minimum download speed that is recommended in this regard depends on the type of device 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.
8.8.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 understand that use of the DAZN Service may require third party software subject to relevant licences.
9. Use of DAZN Services
9.1.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.
The user undertakes to:
9.1.1. use the DAZN Service exclusively for non-commercial purposes, without gaining any financial or other gain, and not to allow other persons to use the DAZN Service, with the exception of members living in your household. The user may not request payment for the viewing of the DAZN Service, nor use the DAZN Service to attract other parties towards the purchase of products, from themselves or from third parties, or towards access to certain premises;
9.1.2.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 to access the DAZN Service, in violation of the relative Conditions of Use, constitutes an illegal and fraudulent activity in relation to which DAZN reserves the right to take any action to protect itself, including compensation for damages;
9.1.3. not to copy, record or store all or any part of the DAZN Service (except to the extent permitted by us as part of the functionality of the application), or hijack, re-share, re-broadcast, stream or otherwise distribute all or any part of the DAZN Service to others, or authorise, permit or procure others to do any of the foregoing;
9.1.4. not to alter, disassemble, decompile or reverse engineer any part of the DAZN Service;
9.1.5. not view the DAZN Service in circumstances in which the public may simultaneously view it or authorise, permit or cause others to do any of the foregoing; and
9.1.6. not to misuse the DAZN Service or use it for illegitimate or unauthorised purposes (including, for example, the transmission of computer viruses through the site, or the use of the site in a manner that infringes the rights of others).
9.2.We may suspend or block access to the DAZN Service with immediate effect, or cancel all promotions, offers or discounts related to access, if:
9.2.1. there are reasonable grounds to believe that:
9.2.1. your use of the DAZN Service is offensive or against the interests of other users; or
9.2.1.2. the user has violated these Terms; or
9.2.2. this is required 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. Such notification may, however, not always be possible.
9.3.The user, except as otherwise provided by any additional specific offers, has the right to associate to his account up to a maximum of four supported devices and, if connected to his own home internet network (cable or wi-fi: fiber, xDSL; FWA) may also simultaneously use up to a maximum of two devices 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 four 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 has been 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.
9.4. 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.
10. Protection of user safety
Attention must be paid to all communications that request credit card or account information. Providing personal information in response to this type of communication could result in identity theft. It is important to always access sensitive account information by logging directly into the DAZN Service and not through a hyperlink contained in an email or other electronic communication, even if apparently official.
11. Age limits
In order to use the DAZN Services, you must be 18 years of age or older, i.e. the age of majority stipulated by your state, province or territory of residence.
12. Compensation
12.1.You agree to fully indemnify us in respect of any damages, expenses and costs (including legal costs) incurred by us as a result of:
12.1.1. false statements, wilful or negligent acts or omissions made by you in connection with your use of the DAZN Service;
12.1.2. wilful or negligent breach of these Terms by the user; or
12.1.3. actions brought by third parties as a result of or in connection with wilful or negligent access to the DAZN Service in a manner that does not comply with these Conditions.
12.2. The indemnification referred to in Article 11.1. shall also include liabilities that exist towards our affiliates or our licensors (or our affiliates' licensors) (including affiliates of our affiliates) as a result of any of the events referred to in Article 11.1. - 11.1.3.
13. Liability
13.1. The DAZN Service is provided as is. 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 "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 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 Indisposibility, 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 fulfil your obligations under these Terms.
13.2. Where the DAZN Service contains links to sites and resources provided by third parties, we shall have no control over the content of such third party sites, resources or services. Your use of 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 in relation to any loss or damage that may arise from your use of them.
13.3.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.
14. Contact
14.1. 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, home address, product details, payment information, and among these your address to provide assistance or identify the offer. It shall be our responsibility (and not that of the third party payment service provider) to provide all necessary maintenance and support in relation to the DAZN Service.
14.2.In the event of activation to the DAZN Service, you must immediately notify us of any changes to your personal data, updating the same in the "My Account" section of the website or via the application.
14.3. Any communication from us will be sent by e-mail to the most recent address in our possession. We shall not be liable for non-receipt of messages sent to you.
15. Third Party Applications
You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the DAZN Service. Your use of such Applications may be subject to the third party's terms of use or licence, with which you shall comply. We shall in no way be liable in connection with the terms of any third party Applications that you may use as part of the DAZN Service.
16. Force Majeure
The delay or non-delivery of the DAZN Service shall not be attributable to us or to any third party rights holder to the extent that such delay or non-delivery 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, actions of third parties (e.g. blocking of 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.
17. Waiver
No waiver by us or any third party rights holder shall be construed as a waiver of any statutory rights or remedies, or any subsequent breach of any provision of these Terms.
18. Rights of Third Parties
Clauses 2, 7, 11, 12, 14, 15 and 16 confer benefits on third party right holders and payment service providers and shall be deemed to be enforceable by them. 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, without prejudice, however, to any statutory rights and remedies a third party may have under applicable law.
19. Transfer
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 the transfer of the existing contract with the user to a third party, the user shall be notified thereof, and the user shall have the right to withdraw from the contract by means of a declaration to us within four weeks of receipt of our notification.
The user may not assign, subcontract or otherwise dispose of its rights and/or obligations under these Terms.
20. Divisibility
The illegality or unenforceability of any provision of these Conditions shall not affect the validity of the remaining Conditions.
If an unlawful or unenforceable provision turns out 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.
21.Applicable Law and Jurisdiction
These Terms shall be governed by Italian law, including consumer protection laws.
Any dispute relating to the DAZN Service and/or these Terms and Conditions shall be submitted to the Italian jurisdiction at the consumer's court, subject to prior recourse to the applicable out-of-court 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 16 piazza della Repubblica, 20124 Milan.
However, we prefer to resolve any disputes amicably. To this end, we invite you not to hesitate to contact us by selecting the "Contact us" option on our website or app.
Click here to see Terms and Conditions before 21 October 2024.