General Terms and Conditions for DAZN START annual subscription with deferred payment Effective
from 2 January 2024
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.
1.2.1The 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 set out in the Service Charter, which is deemed to be referred to in full 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 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.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. 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 will not be necessary; in the event of withdrawal on the part of the customer, the costs envisaged in the contract signed will be due.
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 supported payment service provider 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.Duration of the contract
The contract shall have a duration of one year from the date of activation of the service and shall be deemed to be tacitly renewed from year to year unless terminated by the exercise of the right of withdrawal as governed below.
4. Free trial period
4.1.If the user takes advantage of an offer with a free trial period of 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 you cancel the offer before the end of the free trial period, your Payment Method (as defined below) will be charged for the amount of the offer. To view the cost of the service and the expiration date of the free trial period, please visit the website and click on the 'My Account' page.
5.Financial aspects
5.1.All the expenses connected to the use of the DAZN Service shall be borne entirely by the user.
5.2.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.
5.3.Payments must be made by credit card; debit card; PayPal or other accepted, valid and current method of payment. Payments for this annual residential subscription contract may be made in monthly instalments during service activation. The user confirms that he/she is the owner of the Payment Method used, i.e. that he/she has 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. Please check with your Payment Method provider for details.
5.4.We reserve the right to reject payments that do not comply with applicable laws.
5.5. You can view the next date of the deferred payment instalment by accessing the "My Account" link on the website or via our app.
5.6.In the case of a residential subscription, invoices will be sent to the user's available e-mail address upon request. In the event of late payment, in relation to the due date, DAZN reserves the right to suspend the service. The service may only be reactivated following verification by DAZN that all outstanding amounts have been paid.
5.7 Subject to clause 2.3 above, we may change our service plans from time to time. 5
5..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 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 annual subscription period and access to the Service will be permitted until the aforementioned deadline.
7.Exercise of the Right of Revocation Without
prejudice to 6.1, the User may terminate the contract without giving any reasons within fourteen (14) days from the day 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 that effect (e.g. by registered letter with return receipt or e-mail to help@DAZN.com) also using the appropriate form available at the link https://www.dazn.com/help. Finally, you will be able to exercise your right of withdrawal in the "My Account" area. The deadline will be deemed to have been met if you send the notice of withdrawal before the expiry of the period in which you can exercise this right of withdrawal.
7.1. Consequences of exercising the Right of Cooling-Off If you
exercise your Right of Cooling-Off within fourteen days of signing the contract , if you do not use the service and without prejudice to the provisions of Article 7.2 below, you will 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 any possible refund; in no case will refund penalties be applied.
7.2. Expiration of Right of Revocation
The right of revocation may 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 revocation, and (ii) have agreed that by your consent you would lose the opportunity to exercise your right of revocation within fourteen days of entering into 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 by 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 this, 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, please follow the refund procedure as set out in the DAZN Service Charter available on the DAZN website and app or contact us by selecting the "Contact Us" option on our website or app1. Any refunds will be processed through the Payment Method chosen by you.
8.6.The quality of sports streaming may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, available bandwidth and/or internet connection speed.
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 . You are advised to check with your internet service provider about the possible costs for using internet data.
8.8The 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 the 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.
You undertake to:
9.1.1. use the DAZN Service solely for non-commercial purposes, without earning any financial or other gain, and not to allow any other person to use the DAZN Service, other than members of your household. You
may not request payment for the viewing of the DAZN Service, nor may you use the DAZN Service to attract other parties to purchase products, from yourself or from third parties, or to gain access to certain premises;
9.1.2.at any time, view the DAZN Service only through devices authorised in accordance with Article 9.3 below. Passwords must be kept secure and passwords and other access codes must not be shared with anyone or otherwise made accessible to others. You
acknowledge 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 illegal and fraudulent activity in relation to which DAZN reserves the right to take any action for your protection, 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 within the scope 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 cause 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 to view the DAZN Service in circumstances in which the public may simultaneously view it or authorise, permit or procure others to do any of the foregoing; and
9.1.6. not to misuse 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 which infringes the rights of other persons).
9.2We may suspend or block access to the DAZN Service with immediate effect, or cancel any promotions, offers or discounts related to access, if:
9.2.1. there are reasonable grounds to believe that:
9.2.1.1. your use of the DAZN Service is offensive or against the interests of other users; or
9.2.2. you have breached these Terms; or
9.2.2. 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.
9.3.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 four 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 of these devices to enjoy 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 is reached. Pursuant to Article 9.1.2 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 your 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.
11.Age Limits
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.
12.Compensation
12.1.You agree to fully indemnify us in relation to any damages, expenses and costs (including legal fees) incurred by us as a result of:
12.1.1. any misrepresentation, wilful or negligent act or omission made by you in connection with your use of the DAZN Service;
12.1.2. any wilful or negligent failure by you to comply with these Terms; or
12.1.3. 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.
12.2. 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.
13.Liability
13.1. 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 "Unavailability") in the provision of the DAZN Service caused by
force majeure or unforeseeable circumstances; tampering or unlawful interventions by third parties on services and equipment used by Us; tampering or interventions on equipment that is within the user's availability; incorrect use of the DAZN Service by the user; malfunction/incorrect configurations of 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 arising from your failure to comply with your obligations under these Terms.
13.2. 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.
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 us
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 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.
14.2.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.
14.3. Any communication from us will be sent by e-mail to the most recent address in our possession. We will not be responsible for not receiving any 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 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.
16. Force Majeure
Any delay or failure to provide the DAZN Service shall not be attributable to us or any third party rights holder to the extent that such failure or delay 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 right or remedy, or any subsequent breach of any provision of these Conditions.
18.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 of a third party under applicable law.
19.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.
20.Severability
Any illegality or unenforceability of a provision of these Terms 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.
21.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 these Terms and Conditions, the Italian jurisdiction at the consumer's court shall be competent, subject to the prior recourse to the applicable out-of-court dispute resolution procedures, in accordance with the modalities 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 its 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.