Effective Date: December 04, 2019
YOUR ACCESS TO AND USE OF THE DAZN SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
1. About Us.
1.1 Hello and welcome to the world of DAZN. We are a subscription service that provides subscribers with access to a wide range of sports events from around the world streamed to a range of devices including Internet-connected TVs, computers and other platforms ("DAZN Service"). To enhance your enjoyment of the DAZN Service, we will also provide recommendations of broadcasts you might be interested in and other interesting sports information.
1.2 The DAZN Service is made available to you through a subscription and in exchange for payment to DAZN US LLC ("DAZN US," "We" or "Us"). Except for as provided by third parties app stores, we alone are solely responsible for managing payments and billing in connection with the DAZN Service and application ("App").
2.2 BY SIGNING UP FOR THE DAZN SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT SUBSCRIBE TO THE DAZN SERVICE.
2.3 For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede or supplement these Terms. If you choose to participate in those promotions, the applicable additional terms and conditions are also incorporated and deemed part of these Terms. In the event of a conflict between these Terms and the additional terms and conditions, the additional terms and conditions shall prevail.
2.4 We can modify these Terms at any time for any reason including, by way of example only, a change to applicable law or to ensure better functionality of the DAZN Service. If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. You will be notified of material revisions to these Terms by us via email notice to the most recent email address we hold for you. Any changes to our payment terms will also be emailed to you directly. Where the changes we make to these Terms are immaterial, you will be deemed to have accepted these modified Terms, unless you object to the changes within fourteen (14) days from that notification, provided that we will make you aware of such consequence of a failure to object in the notification. Where the changes we make to these Terms are material (for example, where we change our fees or require you to obtain additional technology), you will be deemed to have accepted these modified Terms, unless you object to the changes within thirty (30) days from that notification, provided that we will make you aware of such consequence of a failure to object in the notification.
3. Free Trials (if applicable).
3.1 If you are lucky enough to be offered a free trial of the DAZN Service, any free trial period will be specified to you during the sign-up process. We may provide offers and discounts in connection with the DAZN Service, including a free trial, at any time.
3.2 Your Payment Method (as defined below) will be billed for your subscription fee on the date indicated when you sign up for the DAZN Service unless you cancel your subscription prior to the end of the free trial period, if any. To view the applicable subscription price and the end date of your free trial period, visit our website and click on the "My Account" page. If you signed up for the DAZN Service using your account with a third party as a Payment Method (as defined below), you may need to cancel your subscription in accordance with Section 5.2.
3. 3 Please make a note of when your free trial will expire, as you may not receive additional notice prior to the automatic charge if you do not cancel before the free trial period expires. Free trials are limited to one per person. If you attempt to register for a second free trial offer, we will automatically charge your credit card in accordance with Section 4. If you do not wish to pay the applicable fees for a subscription, you should cancel your account before the free trial period ends and not complete any subsequent registration for a subscription.
4. The Financials; Payment Methods.
4.1 You are fully responsible for all charges relating to and equipment required for use of the DAZN Service.
4.2 Your subscription will only cover access to the DAZN Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All of our listed prices are exclusive of tax at the rates in force.
4.3 Payment must be made by credit card; debit card; PayPal or through another current, valid, accepted method of payment including supported third party payment providers (“Payment Method”). You confirm that any such Payment Method that you use is yours, or that you have the authorization of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorization by the Payment Method provider. If your Payment Method is refused then you will not be granted access to the DAZN Service until a validated Payment Method is provided by you and approved by us.
For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
4.4 We reserve the right to refuse payments at our reasonable discretion.
4.5 The fee to be paid for use of the DAZN Service will be billed on a recurring basis (corresponding to your initial subscription period unless otherwise provided to you at the time of sale) to your chosen Payment Method on the calendar day corresponding to the commencement of your paid subscription or as otherwise specified by the issuer of your Payment Method. In some cases the date for billing may change, for example if your subscription began on a day not contained in a given month. Where we process your payment, we will process your payment on a secure site.
4.6 You can view your next payment date and change your method of payment by visiting our website and clicking on the "My Account" link, or by doing so through our App. If you signed up for the DAZN Service using your account with a third party as a Payment Method, you may need to visit your account with the applicable third party to view payment information and change your method of payment.
4.7 We may change our service plans and the price of the DAZN Service from time to time. Any price changes or material changes to our service plans will apply to you no earlier than thirty (30) days following the issuing of email notice by us to you via the most recent email address we hold for you. Therefore, it is important that you keep your contact information up to date.
4.8 In some instances, you may be offered the opportunity to suspend your subscription to the DAZN Service for a limited period by logging in to the “My Account” page. Where you have opted to suspend your subscription, your subscription will automatically restart at the end of such period on the date specified on the “My Account” page. On restart, the fee will be payable and your chosen Payment Method will be billed on the calendar day corresponding to the recommencement of your paid subscription (or as otherwise specified by the issuer of your Payment Method). In some cases the date for billing may change, for example if your subscription began on a day not contained in a subsequent month.
5. Third Party App Stores.
Our App may be available for download from third party app stores which are not owned or operated by us. When downloading, installing, accessing, using or browsing the App, you must comply with any applicable third party terms and conditions, including any End User License Agreement, your mobile device agreement or any wireless data service agreement, and ensure that your use of the App is not in violation of any such terms or conditions. Without limiting the foregoing, any Apps accessed through or downloaded from Apple's App Store (an "App Store Download") may only be used (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms and Conditions. Without limiting the foregoing, the following applies to App Store Downloads:
5.1 You acknowledge and agree that (i) these Terms are between you and DAZN Limited (“DAZN UK”) only, and not Apple, and (ii) DAZN UK, not Apple, is solely responsible for the App Store Download and content thereof. Your use of the App Store Download must comply with the App Store Terms and Conditions.
5.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Download.
5.3 In the event of any failure of the App Store Download to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Download to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Download. As between DAZN UK and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DAZN UK.
5.4 You acknowledge that, as between DAZN UK and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Download or your possession and use of the App Store Download, including: (i) product liability claims; (ii) any claim that the App Store Download fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5.5 You acknowledge that, in the event of any third-party claim that the App Store Download or your possession and use of that App Store Download infringes that third party's intellectual property rights, as between DAZN UK and Apple, DAZN UK, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
5.6 You acknowledge and agree that Apple and its subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Download, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Download against you as a third party beneficiary thereof.
5.7 Without limiting any other terms of the Terms, you must comply with all applicable third party terms and conditions when using the App Store Download.
6.1 You may cancel your subscription to the DAZN Service by logging in on the “My Account” page and clicking on the "Cancel Membership" button. You may cancel your subscription to the DAZN Service at any time prior to the expiration of your subscription period, but you will continue to have access to the DAZN Service for the duration of your subscription period. In the event of your cancellation, we do not refund any subscription fees paid and do not provide credits. When you acquire a subscription, you acknowledge and agree that the provision of the DAZN Service pursuant to such subscription shall commence immediately upon you initially logging in (or being logged in) to your account on the website.
6.2 If you signed up for the DAZN Service using your account with a third party as a Payment Method and wish to cancel your subscription to the DAZN Service, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the DAZN Service through that third party. You may also find additional billing information about your subscription to the DAZN Service by visiting your account with the applicable third party.
6.3 If we are unable to successfully charge your Payment Method for fees due, we reserve the right to restrict or suspend access to your account or terminate your account. We may contact you via email in connection with a problem with your Payment Method.
7.2 You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DAZN Service and not through a hyperlink in an email or any other electronic communication, even if it looks official.
8. Age Restriction.
You must be older than 18 years of age, or the age of majority in your state, province or territory of residence, to become a user of the DAZN Service.
9. Limitation of Liability.
9.1 TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNLESS AGREED OTHERWISE IN WRITING, THE MAXIMUM LIABILITY OF EACH OF US AND ANY THIRD PARTY RIGHT HOLDER TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE DAZN SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE DAZN SERVICE WITHIN THE LAST TWELVE (12) MONTHS (“PAYMENT AMOUNT”). NEITHER US NOR ANY THIRD PARTY RIGHTS HOLDER SHALL IN ANY EVENT BE LIABLE TO YOU FOR:
9.1.1 ANY DIRECT LOSS IN EXCESS OF YOUR SUBSCRIPTION FEE (AS APPLICABLE); OR
9.1.2 ANY CORRUPTION TO DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER.
9.2 YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
9.2.1 THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE DAZN SERVICE IS AND REMAINS WITH YOU.
9.2.2 WITHOUT LIMITING THE FOREGOING, DAZN US DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE DAZN SERVICE.
9.2.3 YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE DAZN SERVICE, INCLUDING SUBMITTING AND TRANSMITTING YOUR PAYMENT METHOD, ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE DAZN US AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
10. Contact Us.
10.1 You can contact us whether to discuss technical problems or for any other reason using the Contact Us form located at https://my.dazn.com/contactus or through the Contact Us section of our App. In order for us to be able to assist you, you may be required to provide your e-mail, residential address, product details, payment information. We (and not any third party payment provider) are responsible for providing all maintenance and support with respect to the DAZN Service.
You can also contact us by telephone on +1-402-517-9087 or write to us at:
DAZN US, LLC
1 World Trade Center, 72nd Floor, New York 10007, United States
10.2 If you subscribe to the DAZN Service, you should notify us immediately if any of your details change by updating these details in the “My Account” section of our website or through the application.
10.3 Any notice given by us will be given by email via the most recent email address we hold for you. We shall not be responsible for non-receipt of messages we send you.
No waiver by us or any third party rights holder shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Terms. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of DAZN US LLC. Our failure to exercise any right or enforce any obligation under these Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined to be unlawful and/or unenforceable, the validity of the rest of the Terms shall remain unaffected. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Governing Law.
14.1 These Terms shall be exclusively governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice-of-law rules, to the extent permitted under the applicable law.
14.2 Notwithstanding anything herein to the contrary, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in the location that is most convenient to us, and it shall be conducted in the English Language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
15. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DAZN US ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND DAZN US OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
16. California Residents.
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the DAZN Service or requests to receive further information regarding use of the DAZN Service may be sent to the address or email address above.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.