Terms of Use for the Monthly START Plan
Terms of Use for Start DAZN
Effective from January 2, 2023
CONTRACTUAL TERMS OF USE
1. Who we are
1.1. Good morning and welcome to the world of DAZN. We are a service that offers our users streaming access to a wide range of sports events from around the world on a variety of internet-connected devices, including TVs, PCs, and other platforms ("DAZN Service"). To enhance the user's experience of the DAZN Service, suggestions for events that the user may be interested in and other interesting sports-related information will also be provided.
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 its application.
1.3 DAZN guarantees users' rights to adequate and transparent information as expressly provided for in the Service Charter, which is fully incorporated by reference into the terms of use.
2. Main Conditions of Use
2.1. We provide an online video offering (among other things) streaming of sports events (both live and on demand), news about sports 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, for example, some territorial limitations). You will be able to access and use the DAZN Service in any country where the same Service is available, although the Content (and the language in which it is available) will vary from one territory to another. If, based on our verification, you are entitled to portability (see our FAQ for more information), you will be able to access and use the DAZN Service in the case of temporary presence in another Member State of the European Economic Area ("EEA"), regardless of whether the DAZN Service is normally available in that EEA Member State.
2.2. Before activating the DAZN Service, the user is invited to read these Terms and Conditions of Use ("Conditions"). We would like to emphasize that any offer, promotion, or discount that the user may receive may be subject to additional contractual conditions that replace or supplement these Conditions. In the event of a conflict between these Conditions and the additional conditions, the latter shall prevail.
2.3. We may make changes to these Conditions, such as, for example, in cases of changes to the range of sports events included in the DAZN Service, changes to ensure better functionality of the DAZN Service, unforeseen technical and/or economic needs, 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 abusive and/or fraudulent phenomena that have occurred in the use of the DAZN Service. Any changes to these Conditions will be notified to the user via email at the most recent address we have on file. Any changes to the payment terms will also be communicated directly to the user using the same methods. These communications will clearly state the changes in question, which will be valid thirty (30) days after the communication, and the reason for the changes. The user may terminate their contract without penalties within sixty (60) days of the communication if they do not wish to accept the proposed contractual changes, in accordance with Article 4.8. In the absence of such a termination notice within the aforementioned period, the contractual changes will be considered accepted. Notwithstanding the above, changes made to comply with the law, including regulatory changes, or to comply with indications from Institutions or Public Authorities, and finally, changes that exclusively improve the user's enjoyment of the service may take immediate effect and the aforementioned informative notice will not be necessary. In the event of termination by the customer, the costs provided for in the signed contract will be due.
2.4. The DAZN Service and all content viewed through it are for personal and non-commercial use only. By subscribing to the DAZN Service, the user obtains a limited, non-exclusive, and non-transferable license to access the DAZN Service and view the Content exclusively through streaming. Except for this limited license, no other rights, interests, or ownership will be transferred to the user. The user agrees not to use the DAZN Service for public performances.
2.5. The offer subscribed with us is subject to authorization, by the respective supported payment service provider, for all payments due from time to time, or to the validity of the user's promotional code, and is at all times subject to these Conditions. Please note that payments will be handled by a payment service provider located in the EU.
2.6. The user agrees that we may share information with third parties who hold rights in relation to the Content viewed by the user during the use of the DAZN Service. Such information will be shared on an anonymous basis.
2.7. We may terminate the existing contract with the user at any time by written communication via email with at least sixty (60) days' notice prior to the end of the current offer period. This does not affect the right to terminate for just cause under Article 8.2. In the event of termination of the existing contract with the user for reasons other than the user's contractual violation, the user may be entitled to a refund of the amounts paid as consideration for the services related to the DAZN Service that have not yet been enjoyed.
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. The user may receive offers and discounts related to the DAZN Service at any time. These offers may not be valid for the user's 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) will 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 the DAZN Service has been subscribed using one's own account indicating a third party as the Payment Method, it may be necessary to cancel according to Article 5.2.
4. Economic aspects
4.1. All expenses related to the use of the DAZN Service will be fully borne by the user.
4.2. The activation of the offer will exclusively cover access to the DAZN Service. Costs related to the telephone line and other communication or access costs will be separately charged to the user by their ISP or service provider. All our prices include taxes (VAT/ MwSt / CT or other similar tax in other territories or jurisdictions) according to the applicable rates 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 supported third-party payment service providers (“Payment Method”). The user confirms that they are the holder of the Payment Method used, or that they have authorization to use it from the card or account holder. All accounts and Payment Methods are subject to authorization and validity checks by the respective provider. In case of rejection of the Payment Method used, access to the DAZN Service will not be allowed until a valid Payment Method is provided by the user and approved by us. For some Payment Methods, the issuer may charge certain costs, such as currency transaction fees or other expenses related to the processing of the Payment Method. Locally applied tax charges vary depending on the Payment Method used. Please check the details with your Payment Method provider.
4.4. We reserve the right to refuse payments in accordance with applicable law.
4.5. The amount due for the use of the DAZN Service will be charged monthly to the chosen Payment Method, on the corresponding calendar day of service activation or as otherwise specified by the Payment Method issuer. In some cases, the charge date may vary, for example, if the activation day is not included in a certain month. Payment will be processed on a secure website.
4.6. You can view the next payment date and change the payment method by accessing the "My Account" link on our website or through our app. If you subscribe to the DAZN Service using a third-party account as the Payment Method, you may need to access that account to view payment information and change the payment method.
4.7. Subject to what is provided in the previous Article 2.3, we may modify our service plans from time to time.
4.8. Notwithstanding Article 2.3, we reserve the right to increase the price of the DAZN Service. Any price increases will be notified to the user via email at the most recent address we have on file. Such communications will clearly state the increases in question and the sixty (60) day period from the communication within which the user may terminate their contract without penalties, if they do not wish to accept the proposed price changes, which will take effect thirty (30) days after the communication. In the absence of such a termination notice within the aforementioned period, the aforementioned changes will be considered accepted.
4.9 In some cases, the user may be offered the possibility to suspend the DAZN Service for a limited period by logging into the "My Account" page. If the decision is made 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 amount will be due and the chosen Payment Method will be charged on the corresponding calendar day of service reactivation (or as otherwise specified by the Payment Method issuer). In some cases, the billing date may change, for example, if the offer started on a day that is not included in one of the following months.
5. User Termination
5.1. The user can cancel the DAZN service by logging into the "My Account" page and clicking on the "Cancel Subscription" button. The request to cancel the DAZN service can be made at any time before its expiration. The cancellation will be effective on the thirtieth day following the date of the request, and access to the service will be allowed until the aforementioned deadline, unless otherwise provided for prepaid cards or codes. Subject to Article 6.1, the amount due for the period until the expiration of the aforementioned term (thirtieth day) will be charged on the date of the cancellation request, deducting the days already paid with the previous charge.
5.2. In the event that the user has subscribed to the DAZN Service using their own account and indicating a third party as the Payment Method, and wishes to terminate the DAZN Service, it may be necessary to proceed through said third party, for example by accessing their account and deselecting the "automatic renewal" option, or by renouncing the DAZN Service through said third party, subject to the provisions of Article 14 below.
6. Exercise of the Right of Withdrawal
Without prejudice to what is provided in 6.2, the user may terminate the contract without giving any reasons within fourteen (14) days from the day of contract subscription. To exercise the right of withdrawal, click on the "Help" button on the homepage of the DAZN website and select the "Contact Us" option. You will be guided through a quick request completion system, so you can exercise the right of withdrawal directly from your computer or through the DAZN app. Alternatively, you can send a clear message to DAZN Limited, Piazza San Babila n. 3, 20122 Milan (MI), (e.g. by registered mail with return receipt or email to help@DAZN.com), using the appropriate form available at the link https://www.dazn.com/help. The deadline will be considered met if the withdrawal communication is sent before the expiration of the period in which this right of withdrawal can be exercised. In the event that the user has subscribed to the DAZN Service using their own account and indicating a third party as the Payment Method, and wishes to terminate the DAZN Service, it may be necessary to proceed through said third party Payment Method.
6.1. Consequences of Exercising the Right of Withdrawal
In the event of exercising the Right of Withdrawal within fourteen days from the signing of the contract, and in the absence of using the service by the customer, subject to what is provided in the following Article 6.2, the user will receive the deactivation of the service and the possible refund of payments received by us within fourteen (14) days from the receipt of the relevant notice. Unless otherwise agreed, the same payment method used for the original transaction will be used for the possible refund; under no circumstances will any refund penalties be applied.
6.2. Expiration of the Right of Withdrawal
The right of withdrawal will no longer apply if the execution of the contract by us begins after the user (i) has expressly consented to the start of the execution of the contract by us before the deadline for exercising the right of withdrawal, and (ii) has accepted that with their consent they would lose the possibility of exercising their right of withdrawal within fourteen days following the signing of the contract.
7. Technical Requirements
7.1. It is the user's responsibility to ensure possession and maintenance of the hardware and software necessary for accessing, receiving, and viewing the DAZN Service.
7.2. We will do our best to ensure that the DAZN Service is always available. However, the DAZN Service is provided on an "as is" basis, without any further warranties, so subject to what is provided in the following Articles 7.4 and 12, we cannot be held responsible towards the user for, for example, the cancellation or interruption of an event, or the failure to broadcast a scheduled or advertised event, or the user's inability to view an event on a specific platform device, for reasons not attributable to DAZN.
7.3. From time to time, we may need to suspend the DAZN Service for maintenance or updates. We will make every effort to minimize such suspensions.
7.4. We undertake to provide the DAZN Service with reasonable care and skill. Outside of this, we make no representation or warranty (and, subject to Article 12, exclude all other warranties and conditions otherwise implied by law to the fullest extent permitted by law).. This does not affect any other rights that the user may have as a consumer under the law. We (and not any third-party payment service provider) will be the recipients of any claims that the user or a third party may have in relation to the DAZN Service and/or its use.
7.5. If the user believes they are entitled to a refund due to non-compliance of the DAZN Service with applicable warranties, we invite them to follow the refund procedure as indicated in the DAZN Service Charter available on the website and DAZN app, or to contact us by selecting the "Contact Us" option on our website or app. If the user has subscribed to the DAZN Service using a third-party payment service provider, such non-compliance may be notified to the third-party payment service provider, and the latter may refund the user the amount paid. To the fullest extent permitted by law, no other warranty or obligation of any kind in relation to the DAZN Service is attributable to such third-party payment service provider. Any refunds will be processed through the user's chosen Payment Method.
7.6. The quality of streaming sports events may vary from computer to computer and from device to device, and may be influenced by a variety of factors, such as the user's location, available bandwidth, and/or internet connection speed.
7.7. The DAZN Service provides content in HD. The recommended minimum download speed 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. It is advisable to check with your internet service provider for possible costs associated with internet data usage.
7.8. The streaming software used to provide the DAZN Service may vary depending on the device and medium, and the features may also vary from one device to another. The user is aware that the use of the DAZN Service may require third-party software subject to their respective licenses.
8. Use of the DAZN Services
8.1. We are the owners or licensees of all intellectual property rights related to the DAZN Service (including all Content). All materials, including but not limited to design, texts, software, graphics, images, and videos received from the user (and selections or adaptations thereof) are subject to our copyright and/or others. In the event of a third party's complaint that the DAZN Service or the user's use of such Service violates the aforementioned intellectual property rights of third parties, we (and not a third-party payment service provider) will be solely responsible for investigating, defending, and potentially resolving such complaint.
The user agrees to:
8.1.1. use the DAZN Service exclusively for non-commercial purposes, without gaining any financial or other benefits, and not allow others to use the DAZN Service, except for cohabiting members within their own household. The user may not request payments for viewing the DAZN Service, nor use the DAZN Service to attract others to purchase products, either from themselves or from third parties, or to access certain locations.
8.1.2. at any time, view the DAZN Service only through authorized devices as provided in Article 8.3 below. The password 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 sharing the password and/or other access codes in order to allow third-party access to the DAZN Service, in violation of the respective Terms of Use, constitutes illegal and fraudulent activity for which DAZN reserves the right to take any necessary action to protect its interests, including seeking damages.
8.1.3. do not copy, record or store all or part of the DAZN Service (except as permitted by us within the functionality of the application), or redirect, redistribute, retransmit, stream or otherwise distribute all or part of the DAZN Service to others, or authorize, allow or cause others to do any of the above;
8.1.4. do not alter, disassemble, decompile or reverse engineer any part of the DAZN Service;
8.1.5. do not view the DAZN Service in circumstances where the public can view it simultaneously, or authorize, allow or cause others to do any of the above; and
8.1.6. do not abuse the DAZN Service or use it for illegal or unauthorized purposes (including, for example, transmitting computer viruses through the site or using the site in a way that violates the rights of others).
8.2. We may suspend or block access to the DAZN Service immediately, or cancel any promotions, offers, or discounts associated with access, if:
8.2.1. there are reasonable grounds to believe that:
8.2.1.1. the user's use of the DAZN Service is offensive or against the interests of other users; or
8.2.1.2. the user has violated these Terms; or
8.2.2. this is required by a regulatory authority.
If applicable in the circumstances, the user will be informed in advance of such termination, suspension or cessation of promotional offers. However, such communication may not always be possible.
8.3. The user, unless otherwise provided by any additional specific offers, has the right to associate up to a maximum of four supported devices with their account and, if connected to their home internet network (cable or Wi-Fi: fiber, xDSL; FWA), can also use up to a maximum of two devices simultaneously to access the DAZN Service; in all other cases, the user can access the DAZN Service on a single device, while retaining the right to associate up to a maximum of four supported devices with their account. DAZN reserves the right, after notifying the user, to set a maximum number of times per month during the contractual term in which the user can change the devices associated with their account with other devices, in compliance with the maximum number of devices per offer, subject to any cases of proven loss of devices (e.g. by filing a report of loss or theft) which may allow for a change even if the aforementioned monthly limit has been reached. In accordance with the previous Article 8.1.2, the user agrees that login data is unique to them and cannot be shared with others; the User acknowledges that any violation of this provision constitutes an illegal and fraudulent activity for which DAZN reserves the right to take any action to protect its interests, including seeking damages. Such data can be modified at any time by visiting our website and clicking on the "My Account" page.
8.4. Subject to what is provided in Article 2.3. and to the extent permitted by the same, we reserve the right to remove or modify the content made available through the DAZN Service at any time.
9. User Security Protection
It is necessary to pay attention to all communications that require providing 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 information related to your account by directly logging into the DAZN Service and not through a hyperlink contained in an email or other electronic communication, even if it appears to be official.
10. Age limits
To use the DAZN Services, you must be 18 years of age or older, or the legal age of majority in your state, province, or territory of residence.
11. Compensation
11.1. You agree to fully compensate us for any damages, expenses, and costs (including legal fees) incurred by us as a result of:
11.1.1. false statements, actions, or omissions made by the user in relation to their use of the DAZN Service;
11.1.2. intentional or negligent non-compliance by the user with these Terms; or
11.1.3. actions taken by third parties as a result of or in connection with unauthorized or negligent access to the DAZN Service in violation of these Terms.
11.2. The damages referred to in Article 11.1 also include liabilities towards our affiliates or licensors (or the licensors of our affiliates) (including the affiliates of the latter) as a result of any of the events referred to in Articles 11.1.1. - 11.1.3.
12. Liability
12.1. The DAZN Service is provided as is. We (including our sports event licensors) shall not be liable to the user or third parties for (total or partial) delays, malfunctions, suspensions, interruptions and/or unavailability (each individually referred to as "Unavailability") in the provision of the DAZN Service caused by: force majeure or fortuitous events; tampering or illicit interventions by third parties on services and equipment used by us; tampering or interventions on devices within the user's control; improper use of the DAZN Service by the user; malfunctioning/incorrect configurations of the user's equipment; or Unavailability, insufficient bandwidth, or lack of adequate speed of the access service (such as the user's bandwidth or internet connection service).
Furthermore, we will not be responsible for any damages resulting from the user's failure to comply with the obligations set forth in these Conditions.
12.2. If the DAZN Service contains links to third-party websites and resources, we will not have control over the content of such websites, resources, or services. The use of such third-party websites, resources, or services will be subject to the contractual terms and privacy policy of that third party, and we disclaim any liability in relation to them or any losses or damages that may arise from their use.
12.3. The comments and other materials posted on the DAZN Service are not intended to provide relied-upon advice. Therefore, we disclaim any liability for the reliance placed on such materials by users of the DAZN Service or anyone who may be informed of such content.
13. Contacts
13.1. The user can contact us to discuss technical issues or for any other reason by selecting the "Contact Us" option on our website or app. In order to assist the user, we may request email, residential address, product details, payment information, and among these, the address to provide assistance or identify the offer. It will be our responsibility (and not the third-party payment service provider) to provide all the necessary maintenance and support in relation to the DAZN Service.
13.2. In case of activation of the DAZN Service, the user is required to immediately notify us of any changes to personal data, updating them in the "My Account" section of the website or through the application.
13.3. Any communication from us will be sent via email to the most recent address we have on file. We will not be responsible for any failure to receive messages sent to the user.
14. Third-Party Applications
The user may encounter third-party applications (including, but not limited to, websites, widgets, software, or other utility software) ("Applications") that interact with the DAZN Service. The use of such Applications may be subject to the terms of use or license of third parties, to which the user will be required to comply. We cannot be held responsible in any way for the terms of third-party applications that the user may use within the scope of the DAZN Service.
15. Force Majeure
The delayed or non-delivery of the DAZN Service cannot be attributed to us or to third parties who hold rights to the extent that such non-delivery or delay is due to causes beyond our reasonable control or that of such third parties, including, by way of example, failures of mechanical or electronic equipment or communication lines, actions by third parties (such as service blocks, abuse or misuse of the DAZN Service), telephone problems or other connection problems, computer viruses, unauthorized access, theft, operator errors, fire, adverse weather conditions including floods, force majeure events, 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 holders shall be construed as a waiver of rights or remedies under the law, or of subsequent violations of provisions of these Terms.
17. Third-Party Rights
Clauses 2, 7, 11, 12, 14, 15, and 16 confer benefits on third-party rights holders and payment service providers and are intended to be enforceable by them. Subject to the provisions of this clause, no person who is not a contracting party to the contract governed by these Terms has the right to enforce provisions of these Terms, but any rights and remedies under applicable law of a third party shall remain unaffected.
18. Transfer
Without prejudice to the provisions of the following paragraph of this Article 18, we may assign, subcontract or otherwise dispose of our rights and/or obligations under these Terms without notifying the user or obtaining their consent.
In the event of the assignment of the existing contract with the user to third parties, the user will be notified, and they will have the right to terminate the contract by declaring it to us within four weeks of receiving our notification.
The user may not assign, subcontract or otherwise dispose of their rights and/or obligations under these Terms.
19. Severability
The possible illegality or inapplicability of a provision of these Terms will not affect the validity of the remaining Terms.
If an illegal or inapplicable provision is found to be legal or applicable after deleting part of it, that part shall be considered deleted, and the remaining part of the provision shall remain in force.
20. Applicable Law and Jurisdiction
These Terms shall be governed by Italian law, including consumer protection regulations.
For any dispute relating to the DAZN Service and/or these Terms, the Italian jurisdiction at the consumer's court shall be competent, without prejudice to the prior recourse to applicable extrajudicial dispute resolution procedures, as provided for in the DAZN Service Charter.
DAZN Limited (formerly Perform Investment Limited) is a company of the DAZN Group (formerly Perform Group), established and regulated by English law, with its registered office at 12 Hammersmith Grove, London, W6 7AP, United Kingdom and secondary office at Piazza San Babila no. 3, 20122 Milan.
However, we prefer to resolve any disputes amicably. To this end, we invite the user not to hesitate to contact us by selecting the "Contact Us" option on our website or app.