General
General information about W-Sport
W-Sport is a personalised Internet-based streaming service that offers access to audiovisual content (as described at the time of your purchase) through subscription, individual purchases, or rental (“W-Sport”). W-Sport is available through the internet mobile phones and other devices that support our applications (such applications collectively referred to as the “App”) as well as through our web-based app at w-sport.tv.
W-Sport is provided by W-Sport Media Ventures Ltd, incorporated in the Republic of Ireland, registered office at Broadcasting House, 3a Prince's Street South, Dublin 2, D02 A520, Republic of Ireland, with company number 678075.
W-Sport Media Ventures Limited is hereafter referred to as the “Company”, “we”, “us” or “our”.
These Terms & Conditions
These Terms & Conditions (the “Term”) constitute an agreement between you, the W-Sport account holder and person responsible for paying our fees ( “you” or “your”) and the Company. These Terms govern your use of W-Sport and apply in whole or in part for as long as you have a W-Sport user account. You are also responsible for ensuring that any users who access and use the Website and/or the App via your W-Sport user account comply with these Terms where applicable to them. By accepting these Terms, you confirm that you agree to these Terms and that you undertake to comply with them and to procure the compliance of any users of your W-Sport account where relevant. These Terms are only available in the English language, and we will not file a copy of any contract formed between you and us.
W-Sport may be offered by third parties, e.g., in conjunction with the provision of their own products and services. These third parties may apply additional and separate terms and conditions which you will have to accept in order to get access to W-Sport through such third party.
Access to W-Sport and our content
Requirements for creating a W-Sport user account
To create an account and get access to W-Sport, you must:
• have reached the age of 18;
• provide us with a valid e-mail address. The e-mail address will be your log-in username and we will use the e-mail address to communicate with you to the extent you have permitted us to;
• be a permanent resident in one of the following countries Lithuania, Netherlands, Belgium, Luxembourg, France, Monaco, Corsica, Andorra, Portugal, Malta, Greece, Cyprus, Poland, Hungary, Romania, Czech, Slovakia, Slovenia, Bulgaria, Croatia, Serbia, Ukraine, Russia, Armenia, Azerbaijan, Belarus, Kazakhstan, Kirghizstan, Moldavia, Uzbekistan, Tajikistan, Turkmenistan, Georgia, India, Bangladesh, Pakistan, Sri Lanka, Bhutan, Brunei, Cambodia, Hong Kong, Indonesia, Laos, Macau, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, Vietnam, Albania, Serbia, (CIS), , Kosovo, Montenegro, North Macedonia, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo (Republic of/Brazzaville), Congo (Democratic Republic of), Cote d'Ivoire, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia (The), Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mayotte, Mozambique, Namibia, Nigeria, Niger, Reunion, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia (including Somaliland), South Africa, South Sudan, St Helena and Ascension, Sudan, Swaziland, Tanzania (United Republic of), Togo, Uganda, Zimbabwe and Zambia. Turkey. Brunei, Cambodia, East Timor, Hong Kong, Indonesia, Laos, Malaysia, Macau, Mongolia, Myanmar, the Philippines, Thailand, Vietnam, Singapore and Taiwan and Pacific Islands (French Polynesia New Caledonia, Vanuatu, Wallis et Futuna), Guadeloupe, Saint Martin, Martinique and Saint Barthelemy
(we will verify your geographic location at the time of registration, and you may not use any technology or technique to geo-shift, obscure or disguise your location);
• be a natural person (i.e. not a company or other business entity);
• register your payment details; and
• accept and agree to be bound by these Terms.
You agree that any and all user information provided by you to us in connection with creating your account is true and correct and that you will update your user information as necessary so that it remains true and correct at all times.
Username and Password
You are responsible for all activity that occurs on your W-Sport account. Your W-Sport account is personal and should not be shared with anyone outside your household. Any person outside of your household who uses the account will be considered an unauthorised user.
If you suspect that an unauthorised user has access to, or is using, your account, you must immediately notify us, change your password, and log out from all registered devices. If we have reason to believe that the account has been misused, we have the right to immediately suspend your access to W-Sport and prevent any continued unauthorised activities by other means.
Subscription plans and One-Time-Purchases
The fees payable for a W-Sport subscription are collectively referred to herein as the
When you have a user account, you can access the content on W-Sport by:
•
•
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For updated information on prices and the subscription plans offered from time to time, we recommend that you visit the Website. Information about your current subscription plan is available on the “My Account” page on the Website.
Technical requirements and Updates
In order to access the content on W-Sport, you must have an internet-connected device compatible with W-Sport technical requirements.
The applicable system requirements and a list of devices and platforms compatible with W-Sport are available on the Website. Devices that are compatible devices at one time may cease to be compatible devices in the future. We may change the requirements for compatible devices from time to time and, in some cases, whether a device is (or remains) a compatible device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are compatible devices at one time may cease to be compatible devices in the future. Please note that fulfilment of these system requirements and use of compatible devices and platforms, will not guarantee that you will always be able to use or access W-Sport without errors or other interruptions. The quality and the display of our content may be affected by various factors, such as your location, your Internet connection and/or bandwidth, and may vary between different devices. We reserve the right to modify the system requirements or compatible devices and platforms from time to time, for example if necessary for security reasons. This may result in certain software or hardware no longer being compatible with W-Sport.
We have a legal obligation to make sure that W-Sport conforms to these Terms and any other commitments we have made with respect to W-Sport. As a result of this, we will continuously update the Website and/or the App for security and/or technical reasons. It is your responsibility to install such updates without delay and to update the operating system of your device if this is required, in order for you to use an updated version the App. We cannot guarantee that every version of the App will work on your device. Updates of the App are provided via the digital store or portal that provided the App for your device. You may not be able to use or access W-Sport if you do not install the latest available version of the App.
Limitations on concurrent streams, registered devices and Offline Mode
Only one stream is available at any one time, therefore you will have to log out of one device to be able to log in to the Service on another Device. If you are unable to access log out on the original Device you may have to wait up to 10 hours before logging in on another Device. You can stream content on up to one (1) registered device simultaneously.
Certain content in W-Sport may be available for temporary download and offline viewing on certain supported devices during a limited period of time. Please note that there may be limitations on how you can stream downloaded content outside the country in which your account is registered.
Unlawful use of W-Sport
All content that constitutes a part of and is related to W-Sport is protected by UK and international copyright law. All copyrights and other intellectual property rights in any material or content that forms part of or is related to W-Sport are held, or licensed, by us. We grant you a non-exclusive, non-transferable, revocable and limited license to exercise such rights only for your personal and private use in the country in which you reside and where your account is registered in(and not for any commercial purpose) and in accordance with these Terms and applicable copyright law and you may not copy, reproduce, distribute, transfer, sell, license, publish, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense such rights. You may not bypass or attempt to circumvent our security system or attempt to test, damage, or otherwise affect the security of W-Sport, our Website, App, or W-Sport software, hardware, or any other equipment directly or indirectly associated with W-Sport. Any violation of the above shall always be considered a material breach of these Terms, entitling us to immediately suspend or terminate your access to W-Sport, or otherwise prevent continued unauthorised actions. Further, we reserve the right to take legal action against any such violation.
Payment, fees, and trial offers
Billing
To be able to watch content on W-Sport, you must provide us with a valid payment method. Unless you cancel your subscription before the next billing date, you agree that we will charge the Subscription Fee for the next Subscription Period or Fixed-Term Subscription to your selected payment method. If payment of the Subscription Fee fails for any reason, we may continue trying to charge your payment method and suspend or terminate your access to W-Sport until we have been able to collect the Subscription Fee.
Your selected payment method is stored by us or a third-party provider in accordance with the International Security Standards (PCI DSS Payment Card Industry Data Security Standard). You can update your payment method by going to the "My Account" page on the Website. Following any update, you authorise us to continue to charge according to your most recently selected payment method.
If you have signed up for W-Sport through a third party and are billed through such third party, then the payment terms provided by such third party will apply and any changes to your payment method should be done with such third party.
Fees and changes to your subscription plan
Fees are due in accordance with our current price list which is available on the Website. Content purchased as One-Time Payments are not included in your subscription and so are not included within the Subscription Fee, but are subject to additional fees. Prices displayed on the Website exclude any data communication costs or fees which your Internet or telecommunication service provider may charge under your contract with such service provider, or transaction or other fees charged by your bank or credit card provider in connection with payment of the Subscription Fee.
We may change the Subscription Fees and other fees for W-Sport from time to time (“Fee Change”). We will notify you by email and/or via your user account on W-Sport with at least thirty (30) days’ notice before the Fee Change takes effect. Notwithstanding the foregoing, Fee Changes may occur at shorter notice, including for Fixed-Term Subscriptions where the Subscription Fee is paid monthly, if our distribution costs or other costs to make available W-Sport increases due to changes in taxes or general fees, currency changes, changes in fees due to third parties, official decisions or changes in law or administrative provisions, provided that the Fee Change corresponds to the increase in costs.
If you do not accept the Fee Change, you have the right to cancel your subscription without penalty with effect from the date the Fee Change enters into force, provided that we receive notification no later than the day before the date the Fee Change enters into force. If you are on a Fixed-Term Subscription paid in monthly instalments and cancel your subscription in accordance with this paragraph, we will refund your Subscription Fee on a pro rata basis. A Fee Change may also include the introduction of new fees, such as invoicing fees. If you choose to upgrade your subscription to a package with a higher Subscription Fee, you will be charged the new Subscription Fee immediately upon such upgrade If you choose to downgrade your subscription to a package with a lower Subscription Fee, both the price change and the package change will take effect on the next billing date.
Trial offers
We may offer new customers different types of trial subscriptions, for example free of charge or at a reduced price for a specific period of time (“Trail Offer”). To be eligible to use a Trial Offer, neither you nor any other member of your household must have previously used a Trial Offer or any similar marketing offer from us. If you or any other member of your household have already taken advantage of a Trial Offer, you will be charged the Subscription Fee as if you were signing up for a standard monthly subscription at the current price. We reserve the right to check whether you meet the requirements based on the information you have submitted when signing up for a Trial Offer.
Upon expiry of a Trial Offer, the Trial Offer will automatically be converted into a monthly subscription plan, unless you terminate the subscription prior to the last day of the Trial Offer period. Terminations are done via “Mt Account” on the Website.
Separate terms may apply for promotions (including trial offers) offered by third parties. If you register for any such promotions, please note that cancellation of such trial offers must be done in accordance with the instructions provided by the third party. The prices provided by such third party will apply to your W-Sport subscription following the expiry of the trial offer.
Errors in the service
If you experience errors in W-Sport and such error is not due to you or anyone using your account, you are entitled to statutory remedies under applicable consumer protection laws. You can initiate such rights action by submitting a complaint to our Customer Service (see “Contact Information” below).
We reserve the right to charge you for any costs incurred in connection to the correction of an error resulting from your actions or the actions of any other person that has used your user account.
If you experience errors in W-Sport and these errors can be assumed to be caused by your device, software, or network connection, you are obliged to cooperate with us to a reasonable extent to enable us to determine whether the error originates from your digital environment.
You accept that the availability of W-Sport may be affected by, for example, denial of service on the internet or by any other network, ISP, electronic, computer, or other communications issues or errors and that we are not responsible for any restrictions in the use of W-Sport caused by overload or such issues and/or errors.
Right of withdrawal
If you sign up to any W-Sport subscription package, you have the right to withdraw from your subscription within fourteen (14) calendar days of signing up for your subscription. If you utilise this right, you are entitled to a refund of the paid Subscription Fee except that we may charge you (or withhold from your refund) the value of the service used through your account during such period. You also expressly accept that the Service will start within your cancellation period. If you cancel at any other time, we will refund your Subscription Fee only if the service has not been accessed through your account since your latest membership charge W-Sport
If you purchase content via a One-Time Payment, you have the right to withdraw from the One-Time Payment within fourteen (14) days from when the purchase was made. However, if you request to receive the One-Time Payment content during this withdrawal period and you begin streaming the purchased content your right of withdrawal is forfeited which means that you are not entitled to any refund of your One-Time Payment.
You can exercise your right of withdrawal by contacting our Customer Service. The right of withdrawal may also be exercised by completing and forwarding the standard form to us according to the following sample:
To W-Sport customer service [ ]
I hereby give notice that I withdraw from my contract with W-Sport
Ordered on [date]
Name of consumer [*]
E-mail address of consumer [*]
Signature of consumer(s) [only if this form is notified on paper]
Date
Please note that if you have purchased W-Sport through a third party and wish to use your right of withdrawal, you must contact such third party with your request.
Termination
Your termination
You may terminate your subscription at any time via the "My Account" page on the Website.
Your termination will take effect:
• at the end of the Subscription Period during which you notify us that you wish to terminate your subscription (if you have a Fixed-Term Subscription, the termination will take effect at the end of the operative Subscription Period); or
• at the end of the notice period described in the sections "Changes in W-Sport and to these terms" or "Fees and changes to your subscription plan" in these Terms, provided that you notify us as set forth in those sections.
• Subject to the “Right of Withdrawal” section above and your rights under applicable consumer protections laws for non-conformity, please note that your termination of a subscription does not affect your obligation to pay for the remainder of the current Subscription Period, nor does it entitle you to a refund of any Subscription Fee paid in advance for the remainder of the Subscription Period.
If you terminate your subscription, you will have continued access to the content you have purchased through One-Time Payment. However, we reserve the right to terminate or restrict access to the content in accordance with these Terms.
Please note that your user account will remain active even if you terminate your subscription and that applicable parts of these Terms, as amended from time to time, will remain in force as long as you keep your user account with us. You may delete your user account by contacting our Customer Service (see “Contact Information” below).
If you have purchased access to W-Sport through a third party, your subscription must be terminated through such third party in accordance with their applicable terms and conditions.
Our Termination
We reserve the right to terminate your subscription or otherwise suspend your access to the service and W-Sport at any time at our discretion without notice (except as may be required by applicable law).
If we terminate your subscription, we will offer you the following:
continued access to W-Sport for the remainder of the current Subscription Period, or for Fixed-Term Subscriptions the remainder of such fixed term, or a full or partial refund of the most recently paid Subscription Fee (proportionate to our termination or suspension), without renewal of your subscription; and/or
access to individual content that you have already purchased through a One-Time Payment to the extent we have the right to grant such license.
We have the right to suspend or terminate your access to W-Sport with immediate effect and demand payment for any outstanding Subscription Fee(s) if you are in breach of these Terms. If you have a Fixed-Term Subscription, we may require you to immediately pay the Subscription Fee for the remainder of the term.
Changes in W-Sport and to these terms
We constantly work to improve W-Sport and its content. Therefore, we cannot provide any warranties or commitments regarding the quantity or quality of the content, functionalities, compatibility, and interoperability with platforms other than what is required under applicable laws and expressly stated on the Website at any given time. For example, features and content which was available on W-Sport when you signed up for your subscription or made a One-Time Payment may change during your time as a user.
We reserve the right to update or amend W-Sport and/or these Terms at any time, e.g. for technical, operative, and/or security reasons, due to changes in the number of users of W-Sport, changes in applicable law, decisions by governmental or regulatory bodies, court rulings, and/or increased costs for providing W-Sport. We will inform you about any detrimental changes to W-Sport and/or these Terms via email no later than thirty (30) calendar days before the change takes effect. Such changes shall enter into force on the date specified in the notice, but not less than thirty (30) calendar days from when the notification was sent unless the change has been prompted by potential breach of law, decisions of officials, changes in law, or by virtue of Force Majeure (as set out below). Your continued use of W-Sport following the entry into force of the revised Terms constitutes acceptance hereof. If we (i) make a change to these Terms which negatively affects your access to or use of W-Sport and such negative effect is not insignificant or (ii) make a Fee Change, you may terminate your subscription without penalty and with effect from the date on which the change enters into force, provided that we receive a notification of your termination no later than the day before the change takes effect. If you are on a Fixed-Term Subscription and cancel your subscription in accordance with this paragraph, we will refund your Subscription Fee on a pro rata basis.
Additional legal terms
Liability
We will do our utmost to ensure that availability of W-Sport will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, uninterrupted and error-free transmission cannot be guaranteed. Also, your access to W-Sport may be occasionally suspended or restricted to allow us to carry out upgrades or perform scheduled or unplanned maintenance. We will attempt to limit the frequency and duration of any such suspension or restriction.
We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
Apart from liability arising in respect of the circumstances set out in the immediately preceding paragraph (which is unlimited), to the fullest extent permitted under English law (or any other law that may be applicable) in no event shall our total liability to you for all damages arising under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) from your use of the services exceed the amount you have paid in the previous three month period preceding your bringing a claim.
The Website may include links to other websites provided by third parties. We have no control over the content of these sites, and we do not accept any liability for any loss or damage that may arise from the use of the links.
Indemnification
You agree to indemnify and hold us and partners forever harmless from all losses, damages and costs (including legal costs), caused by or arising out of or in connection with your infringement of these Terms, applicable law, regulation, or third-party rights.
Invalidity of Provisions
Should any provision of these Terms be deemed invalid or unenforceable, that provision shall in no way affect the validity of the other provisions of these Terms, which shall remain valid and enforceable to the extent permitted by law.
Transfer
These Terms apply to you as a user of W-Sport and you may not transfer your rights or obligations under these Terms or any part thereof to a third party. By accepting these Terms, you give us the right to transfer our rights and obligations under these Terms, fully or partially, to a third party.
Dispute resolution and Applicable Law
These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website and the App and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by the laws of England and Wales. You can bring legal proceedings in respect of these Terms in the courts of England and Wales. We may choose to bring legal proceedings in England or the country in which your account is registered.
If we direct the Website or App to (and/or pursue our commercial or professional activities in relation to the Website or the App in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including the choice of law above, affects your rights as a consumer to rely on such mandatory provisions of local law.
Force Majeure
We have no liability to you in the event that our performance under these Terms is restricted, prevented, or delayed, or the availability and/or functionality of W-Sport is restricted, prevented, or delayed due to law, official decisions, and/or any other reasons beyond our control.
