Terms and Conditions of Use and Subscription
1. About Use
1.1 TennisTV (the "Website") is a website operated by Perform Media Services Limited ("Perform", "We", "Us"). We are a company registered in England and Wales under company number 03426471 and have our registered office at Sussex House, Plane Tree Crescent, Feltham, Middlesex, TW13 7HE. We are part of the Perform Group.
2.1 In cooperation with Tennis Properties Limited (the "Company") and WTA Tour, Inc. ("WTA"), Perform provides an online video service offering (among other things) streaming of tennis matches and highlights of tennis matches (collectively "Content") available on the Website. The video service, including the Content and the video player, and any other features, tools, applications, materials or other services offered on the Website (or via any other platform (including, but not limited to applications for mobile devices and third party platforms) and all references to Website herein shall be read to include such platforms) from time to time by the Company, WTA and/or Perform are referred to collectively as the "Services".
2.3 We reserve the right, at any time, to modify these Conditions by posting a revised version on this Website. You acknowledge that you have read and understood (and agree to be bound by) these Conditions now and every time you use the Services. By continuing to use the Services you accept any revised version.
3.1 In ticking the box and accepting the Conditions on the subscription or registration page, you are entering into a legally binding contract with Perform to purchase the Services. Save for the benefits conferred upon the Company and WTA pursuant to clause 17 your contract is solely with Perform and neither the Company nor WTA have any obligation or liability to you in respect of the Services or your use of the Website. The contract is conditional on payment being authorised by your card issuer or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions.
4. Price and Payment
4.1 Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of UK VAT at the rates in force from time to time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this website at the time at which you place your order.
4.2 Payment for Services must be made by MasterCard, Visa, Visa Delta JCB cards or PayPal or Direct Debit mandate or promotional or subscription code (as indicated in each case). You confirm that the credit/debit card or bank account or code which is being used is yours, or that you have the authorisation of the card or code holder to use it. All account and credit/debit card holders are subject to validation checks and authorisation by the card issuer.
4.3 Perform reserves the right to refuse direct debit or credit/debit card payments at its reasonable discretion. Perform will process your payment on a secure site.
5. Duration and Termination
5.1 Save in respect of any additional cancellation rights provided in clause 15.3 (in the event that a New Service Provider is appointed), you may cancel your subscription for the Services by logging in and going to the My Account page and clicking on the "Cancel Subscription" button or sending an e-mail to customer services at the following e-mail address: email@example.com. You may cancel your subscription to the Services at any time prior to the expiry of your subscription period, but you will continue to have access to the Services for the duration of your subscription period provided that you have paid the subscription fees for that period. We do not refund any subscription fees paid in case of your cancellation. When you acquire a subscription, you acknowledge and agree that for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 (or any similar legislation in any other relevant jurisdiction) (the "DSRs"), the provision of Services pursuant to such subscription shall commence immediately upon you initially logging in (or being logged in) to your account on the Website and accordingly, any cancellation rights under the DSRs shall not apply to such transaction.
5.2 Perform may terminate this agreement with immediate effect and by written notice at any time if you commit any breach of this agreement or if you do not fulfil any of the technical requirements established in the Help Section of the Website.
5.3 In addition, Perform may terminate this agreement at any time on one calendar month's notice. If Perform terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
6. Technical Requirements
6.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
6.2 In the event that Perform reasonably determines at any time that you do not meet these requirements Perform reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
6.3 Perform will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an "as is" basis.
6.4 In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Services may not be uninterrupted, timely, secure or error-free.
6.5 From time to time we will need to close the Website and suspend the Services to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, Perform will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
7. Technical Support and Contacting Perform
7.1 You can contact Perform whether to discuss technical problems or trace your subscription, or for any other reason by emailing Perform as described below. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode or other data that Perform may require from you in order to assist you or to identify your subscription (if applicable).
7.2 If you subscribe to the Services, you should notify us immediately if any of your details change by logging on to the Service and updating these details in the My Account section or by e-mail to firstname.lastname@example.org
7.3 Any notice given by Perform can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
8. Your use of the Services
8.1 We or the Company or WTA are the owner or licensee of all intellectual property rights on this Website and in the material published on it, (including by not limited to) the design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) all of which are subject to the copyright of Perform, the Company, WTA and/or others. You agree that you will (a) use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or Services from you or anyone else; (b) at any given time, only view the Services via a permitted device and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others; (c) not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above; (d) not alter, disassemble, decompile or reverse engineer any part of the Services; (e) not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and (f) not abuse this Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which is discriminatory, offensive, abusive, malicious, defamatory or otherwise violates or infringes the rights of anyone else). As well as our right to terminate for breaches by you we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Conditions or if we are requested to do so by a regulatory authority.
9. Message Features and Content Use
9.1 Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with this section. You undertake that any such contribution complies with those standards.
9.2 Our Website may offer opportunities for you to transmit messages in connection with various features including email, message boards and chat rooms ("Message Features").
9.3 Where we do provide any Message Features, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). However, we are under no obligation to oversee, monitor or moderate any Message Features we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any Message Features by a user in contravention of our content standards, whether the service is moderated or not.
9.4 You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that is discriminatory, offensive, constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law, infringes the rights of third parties, contains any information of a commercial nature, contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine or in any way adversely affects, restricts or inhibits any other user from using and enjoying the Website.
9.5 Failure to comply with this acceptable use policy constitutes a material breach of the Conditions, and may result in the immediate, temporary or permanent withdrawal of your right to access the Services or use the Website.
10. Children and Young People
10.1 The Services are primarily aimed at users who are over the age of 18. There are however no barriers to those under 18 accessing the Website or registering as users. Users under 18 should only use the Services with the permission of a parent or guardian. The parents or guardians of anyone under 18 using the Website should review these Conditions carefully.
11.1 You agree to indemnify Perform and/or the Company and/or WTA and any affiliates of Perform and/or the Company and/or WTA and our, the Company's and WTA's respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
11.1.1 any misrepresentation, act or omission made by you in connection with your use of the Services or the Website;
11.1.2 any non-compliance by you with these Terms; or
11.1.3 claims brought by third parties arising from or related to your access or use of the Website and/or the Services, including without limitation the Message Features or other information made available by you to the Website.
12.1 Unless agreed otherwise in writing, the maximum liability of Perform to you arising by reason of or in connection with the supply of the Services to you shall be limited to the amount paid by you in respect of the Services ("Payment Amount"). Perform shall not in any event be liable to you for: (i) any direct loss in excess of the Payment Amount; or (ii) any corruption to data or any indirect or consequential loss whatsoever even if it has been advised of the possibility of such loss or should reasonably know of such loss. Nothing in these conditions shall exclude or limit the liability of Perform for death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
12.3 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
13.1 From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers on the Website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
14. Force Majeure
14.1 Perform shall have no liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Perform including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
15. Assignment and Transfer
15.1 This agreement is not assignable, transferable, or sub-licensable by you, except with Perform’s prior written consent. Perform may assign transfer this agreement in whole or in part at any time to any third party (“New Service Provider”) without your consent.
15.2 In the event that this agreement is assigned or transferred to a New Service Provider: (i) Perform shall give you advance written notice of such assignment or transfer; (ii) the agreement shall remain in full force and effect as if you had entered into the agreement with the New Service Provider as opposed to Perform; and (iii) all your rights arising from the agreement shall be enforceable against the New Service Provider.
15.3 In the event that this agreement is assigned or transferred to a New Service Provider you have the right to cancel your subscription for the Services by logging in and going to the My Account page and clicking on the "Cancel Subscription" button or sending an e-mail to customer services at email@example.com. Upon cancellation in accordance with this clause 15.3: (i) if the unexpired period of your subscription period is one month or less, cancellation of your subscription for the Services will be dealt with in accordance with clause 5.1; and (ii) if the unexpired period of your subscription period is greater than one month, the total subscription fee paid or payable by you shall be deemed to accrue on a daily basis during the relevant subscription period and shall be pro rated to the date of cancellation. Any such pro rated sums paid in relation to any period after the date of cancellation shall be refunded by Perform to you within thirty (30) days of you sending an e-mail to customer services at firstname.lastname@example.org, requesting reimbursement of such pro rated sums. Any refunds given by us will be made to the debit/credit card account provided when you placed your order, or by cheque if you have made payment to us via direct debit.
16.1 No waiver by either of Perform, the Company or WTA shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
17. Third Party Rights
Clauses 8, 9, 11, 12, 13, 16 and 17 confer a benefit on the Company and WTA and are intended to be enforceable by either of them by virtue of the Contracts (Rights of Third Parties) Act 1999. Except as provided in this clause no person who is not a party to the contract governed by these Conditions has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
18. Governing Law
18.1 These Conditions shall be exclusively governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.