Subscription Products Terms and Conditions
Effective Date: 13 November 2013
The following Subscription Products Terms and Conditions (“Terms and Conditions”) govern your use of the subscription products offered by us from time to time.
Please read these Terms and Conditions. You acknowledge that you have read and understood and agree with these Terms and Conditions now and every time you use our subscription products. And you accept any revised version. Revised versions of these Terms and Conditions will be posted on our Web Site.
In these Terms and Conditions ‘we’, ‘us’, and ‘our’ refers to the Coliseum Sports Media EPL Limited Partnership.
By subscribing for any subscription product, you agree to be bound by these Term and Conditions. If you do not accept these Terms and Conditions, do not click to accept this agreement and you will not be permitted to subscribe for any subscription products.
These Subscription Products Terms and Conditions supplement the Web Site Terms and Conditions, which can be found at http:www.coliseumsportsmedia/plp/tos_foot.html and are incorporated by reference. Terms used in these Terms and Conditions have the meaning given to them in the Web Site Terms and Conditions, unless otherwise defined below.
We are currently offering the following subscription products:
(a) Season Pass Platinum Package, being access to:
• 380 English Premier League (“EPL”) matches (“Matches”) broadcast live and simultaneously as they are played (“Live Events”) and a repository of 250 Matches available for viewing on-demand (“On-Demand Events”)
• EPL support programming including;:
o 33 x 52 minute review Premier League Saturday Review shows
o 33 x 52 minute Premier League Sunday Review shows
o 18 x 52 minute Premier League Monday Review shows
o 5 x 52 minute Premier League Mid Week Reviews
o 33 x 26 minute Premier League Match Packs
o 33 x 26 minute Premier League Preview shows , and
o 52 x 26 minute Premier League World shows;
• access to clipped highlights and condensed games
(b) Season Pass Package (access to 380 Live Events and the On-Demand Events);
(c) An Upgrade Pass, by which a subscriber for a Season Pass Package may upgrade to a Season Pass Platinum Package;
(d) A Visitor’s Pass and Gift Pass (access to Live Events and the On-Demand Events for a period of 30 days froolowing the date of subscription); and
(e) Day Pass Package (access to all Live Events taking place in one 24 hour period),
(collectively, the "Subscription Products").
We have contracted with a third party (currently NeuLion, Inc.) to operate and deliver the Subscription Products, on our behalf.
Note: if you have subscribed for Subscription Products through any authorised reseller, your subscription may be subject to such additional terms as may be contained in any separate agreement between you and that party.
1. Access to the Subscription Products
Access to the Subscription Products is limited to residents of, or users located in, New Zealand.
You must not access the Subscription Products outside New Zealand other than in the limited circumstances described in the next paragraph.
If you are ordinarily resident in New Zealand, you may access Subscription Products while you are located temporarily outside New Zealand (for example, on holiday or on business trips of limited duration), on the following basis:
• You must be travelling outside New Zealand, genuinely and bona fide, on a temporary basis.
• You may not use access the Subscription Products outside of New Zealand on any more. than
o 10 consecutive days
o 14 days in any one month period
o 28 days in any 12 month period
• We have complete discretion to determine whether the requirements for access by New Zealand residents have been satisfied. If for any reason we conclude that you do not meet the requirements, it may block your access outside of New Zealand.
2. Registration, Username, Password, Security
(a) Registration. Registration is required for the use of the Subscription Products. We will not grant any user access to the Subscription Products unless he or she has completed the necessary registration and paid the fees, if any, associated with access to such Subscription Products.
(b) Username and Password. Your username and password will be your identity for purposes of accessing the Subscription Products.
3. Special Terms and Conditions Applicable to Subscription Products
We reserve the right to modify the price of any Subscription Product. We will not change the content associated with a Subscription Product. We are not responsible for any error in copy or images relating to any Subscription Product. The range of Subscription Products and payment options (e.g., season, monthly) offered each EPL season may change in our sole discretion.
Our prices only cover access to the Services and do not cover any other costs that the user may incur to access the Subscription Products such as ISP or telephony service provider charges.
In order to purchase a Subscription Product, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and billing address.
Payment must be made in the currency of the specific services as stated on the Payment Template. You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
Our Privacy Policy is published here http:www.coliseumsportsmedia/plp/privacy.html. The Privacy Policy explains how information collected via our Site may be used by us. Your ability to purchase Subscription Products is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilising a credit or debit card for purchase of any of the Subscription Products offered for purchase through the Site, you authorise us to charge that card on the basis specified and in the amount described for the applicable Subscription Product.
4. Term of Subscription Products and Refunds
Please note that refunds are only available where we cancel your service.
(a) For the Season Pass Platinum Package the term begins when you purchase and ends on 31 July following the end of the EPL season for which you purchase that Product, with one-time billing upon your purchase. You must pay the subscription price for these Subscription Products (which is a specified amount per EPL season) in one lump sum when you subscribe.
(b) For the Season Pass Package:
- Payment in one lump sum option - the term begins when you purchase and ends 48 hours after the last Match of the then current EPL season (not later than 31 May), with one-time billing upon your purchase. You must pay the subscription price for these Subscription Products (which is a specified amount per EPL season) in one lump sum when you subscribe.
- Payment in monthly subscriptions option - the term begins when you purchase and ends 48 hours after the last Match of the then current EPL season (not later than 31 May), with monthly billing each month for the balance of the current EPL season (that is, from when you purchase to 1 May (inclusive) at the then prevailing monthly rate. You must pay the monthly instalment of the subscription price for these Subscription Products (which is a specified amount per EPL season) when you first subscribe, then on the first day of each month from then until 1 May (the last month of the season).
(c) For the Visitor’s Pass and Gift Pass, the term begins when you purchase and terminates 30 days later, with one-time billing upon your purchase. You must pay for the subscription price for these Subscription Products (which is a specified amount per Visitor Pass or Gift Pass Package) in one lump sum when you subscribe.
(d) For the Day Pass Package, the term begins when you purchase and terminates 24 hours later, with one-time billing upon your purchase. You must pay for the subscription price for this Subscription Product (which is a specified amount per Day Pass Package) in one lump sum when you subscribe.
(e) Your access may start with a select amount of time in which you may use the Subscription Product for free (the "Free Trial") depending on certain promotions which may or may not be offered during the season. Subscription Products that start with a Free Trial will be subject to all applicable fees following completion of the Free Trial unless you cancel your order in accordance with the applicable instructions. To cancel your Free Trial or subsequent subscription, you can send an e-mail to contact@coliseumsportsmedia.com call customer support at 0800 PL PASS (24 hours) or use the online form found on your "My Account" page.
(f) The only situations in which a refund will be made are if we terminate your subscription or you have elected to pay for the Season Pass Package in monthly instalments, and have cancelled that subscription within 5 working days of its commencement. Other than in those circumstances, but subject to New Zealand consumer law, no refunds will be made. Elaborating on this:
• If you have purchased a Season Pass, and have chosen to pay in monthly instalments, you may cancel your access to that subscription at any time up to 5 working days after the date of the subscription. If you cancel within that time, we will refund the payment you made on subscription (being the first monthly instalment) to the credit card you used.
• If you have purchased a Season Pass Platinum Package, Season Pass, Visitor’s Pass or Gift Pass and your access to that Subscription Product is cancelled by us at any time, we will make a reasonable effort to refund to the payment method (e.g., to your credit card) you used to subscribe to such Subscription Product a prorated amount equal to the total amount you paid for access to the Subscription Product in the current term of your subscription times the fraction of the term of your subscription that remains on the date of termination, except if we allege that you have violated the Terms of Use, in which case you will not be eligible for a refund.
• If you have purchased a Day Pass Package you will not be entitled to any refund if your access to the Subscription Product is terminated.
• If we are unable to post a refund to your credit card, including because your credit card account is closed or otherwise unavailable when we attempt to post the refund, or if we allege that you have violated the Terms of Use, you agree that you will forfeit the amount due to you (if any) under this paragraph. Please note that we may not be able to post refunds for subscriptions that are paid for through the use of "single use" credit card numbers or similar "disposable" payment methods. We recommend that you do not use these payment methods to pay for your subscription to the Subscription Product; if you choose to use them despite our recommendation, you do so at the risk that we may not be able to provide you with a refund under this paragraph.
Our reasonable effort to provide you with a refund, as described above, will be your exclusive remedy if you or we terminate your access to the Subscription Products, including if you claim we breached our obligations to you.
By accepting this Agreement, you agree that we may notify you about changes to prices and/or the Subscription Products by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the information page(s) of the Site. It is your responsibility to notify us of any change in your e-mail address by logging in to the Site and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
5. Availability
The availability of the Subscription Products may be affected by a variety of factors, including game delays or cancellations, application of the EPL's broadcast policy or other requirements, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obliged to provide you with any specific content under this Agreement.
