1. Definition
1.1 In this agreement beIN SPORTS Asia Pte Limited (beIN) agrees with “you” (meaning the business entity, company or person that uses the Services, as set out in the Application Form). A person under the age of 18 years cannot enter this agreement.
1.2 By signing up or using the Services, you are agreeing to be bound by the terms of this agreement with beIN. You may only use or access the Service if you are a resident of certain geographical areas. This will be indicated clearly at the time of signing up. You warrant that all information provided by you is true, accurate and current. beIN reserves the right to terminate your access to the Service if the information is false or incorrect.
1.3 UNLESS THE CONTEXT INDICATES OTHERWISE, IN THIS AGREEMENT:
• ACTIVATION DATE means the date you start the Services. • SUBSCRIPTION FEE means the fees payable by you to receive the Service for the duration of and in accordance with this agreement, as set out in the Application Form. • SERVICES means beIN Sports Connect content services, or any other services provided by beIN from time to time, as set out in the Application Form. • PREMISES means the commercial establishment, which may include bars, restaurants, cafes, hotel (excluding hotel rooms), or other commercial venue, as set out in the Application Form. • SUBSCRIPTION TERM means the duration you agree the Licence will continue in effect from the activation date.
2. Licence
2.1 The non–exclusive license granted to you by beIN allows you to exhibit the Services in your Premises. You do not have the right to exhibit the Service at any other location or by any other means. The Licence will continue in effect for the subscription term and for the duration of any extension pursuant to this agreement but subject also to earlier termination pursuant to this agreement. For the avoidance of doubt, the Licence specifically excludes the following: any dedicated and/or sponsored public viewing event or theatrical or cinematic exhibition or any viewing event irrespective of whether a specific admission fee is charged;
2.2 From time to time, beIN may amend the terms and conditions upon which it provides the Services. If beIN intends to do so:
(a) it will provide you with written notice and a copy of the amended terms and conditions;
(b) if you do not agree to the amendment, you must notify beIN by using the contact details provided within the timeframe nominated;
(c) if you do not provide beIN with such notice, you will be deemed to have accepted the amendment and will be bound by the amended terms and conditions.
2.3 As part of the Licence beIN may make available to you certain video and audio footage, photographs, text images, statistics, logos and other content and intellectual property owned or controlled by beIN or beIN’s licensors. Some of this content may only be accessible by means of the Service that you must download and install and/or through the purchase of a subscription and payment of fees. All design, text, graphics, footage, copyright subject matter, brands, logos, trademarks and other intellectual property, and the selection or arrangement thereof, are the property of beIN or beIN’s respective licensors.
3. Services
3.1 beIN may from time to time stop providing part of the Services without notice or vary the program comprising any service or program or transmission times. beIN cannot guarantee (and you should not rely on), in your existing option, the continued inclusion of any service. beIN also cannot guarantee the scheduling of any event or program at the advertised time or the appearance of any scenes, persons or performers in any programming as advertised. As a result of any of the above-mentioned actions, beIN will not be liable for any loss or disappointment that you or any third party may suffer as a result.
3.2 In order to use this Service or access the content, you may be required to have software (including third party software) installed on your device (“Software”). Your use of the Software is subject to the terms of the licence granted to you by the relevant licensor. beIN is not providing and are not responsible for the Software, or for any problems caused by the Software, device hardware or operating systems. It is your responsibility to ensure that your operating system or device has sufficient capability to receive the Service. To the extent allowed by law, beIN will have no liability to you where access to the Service is slow, interrupted or otherwise unsuitable for receiving or viewing content including as a result of your operating system or devices. You agree not to provide your password or access to your subscription of the Service to any other person or use any other person’s username and password. You agree to access the Service in a manner consistent with any and all applicable laws and regulations. You must not (nor authorise or permit any other party to): (a) abuse your access to the Service or use it for any unlawful purpose; (b) access the Service in a way that may cause the software, applications and/or equipment used by Us to provide this Service (the “System”) to be interrupted, damaged, rendered less efficient or impaired including using or introducing malicious content such as malware, viruses, or otherwise which interferes with the Service or any access to the Service; (c) access or record the Service or any content in any manner which violates or infringes the rights of any person, firm or company (including without limitation rights of intellectual property, confidentiality or privacy); (d) reproduce, modify, distribute or publish the whole or any part of the content of this Service without beIN’s prior written permission; (e) sell, assign, transfer or delegate to another person or entity, all or any of your rights and obligations in the Service or any part of it; or (f) broadcast, publish, communicate to the public or otherwise make available, distribute or disseminate the Service, or any content from the Service, to the public whether for any commercial purpose or otherwise, except in accordance with the Licence.
3.3 From time to time, your access to the Service may be suspended in order for work to be carried out relating to the upgrading or maintenance of the System or otherwise as necessary for the provision of the Service. beIN will give as much notice as is reasonable in the circumstances and shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.
4. Subscription fees
4.1 You must pay the subscription fee (the “Fee”) applicable to the specified Service and subscription period for which you have subscribed, upon subscribing to the Service or at the time of renewal of your subscription (as applicable). You authorize us to charge you the subscription fee in accordance with the payment method You have nominated or the payment method associated with your account. Terms and conditions governing your payment method are applicable to You. This may include charges for transaction fees, other fees and local taxes and your information may be shared by the organisations providing such payment method with other parties. beIN is not responsible for this or liable for any damages, loss and/or expenses that you may face through your choice of payment method.
4.2 The Licence will automatically renew and continue in effect after the initial subscription term (“Recurring Subscription”), and if such Recurring Subscription has not been disabled or cancelled by you, you will be charged the Fee applicable in advance of the next period (for example, the next applicable year for annual Recurring Subscriptions) through the payment method. If payment through the payment method for the Recurring Subscription is not successful due to expiration, insufficient funds or for any other reason, beIN may suspend your access to the Service until beIN has successfully charged a valid payment method.
4.3 beIN shall have the right to make adjustments on any or all prices. You agree to accept the new price, by continuing to use the Service after the price changes are in effect. If you have signed up for a Recurring Subscription, any adjustments to prices will apply at the start of the next subscription period when you automatically renew your subscription to the Service. If you do not agree to any prices changes and you are on a Recurring Subscription, you may choose to unsubscribe from the Service by cancelling your Recurring Subscription by no later than 24 hours prior to expiry of the current subscription period. Unless expressly provided above, no refund, credit or set-off shall be provided by beIN in the event you activate a new subscription while you have an active subscription.
4.4 Unless otherwise stated, pricing for the Service is inclusive of VAT, GST, sales tax, or any similar taxes (if applicable).
4.5 Should beIN not receive any payment by the due date, then it is agreed that it may do one or more of the following without notice to you:
a. Terminate the Licence;
b. Suspend one or more of the Services upon expiry of any applicable gross period with respect to the amount due;
c. Take legal action against you to recover the unpaid amount;
d. Refer your debt to a collection agency and / or report your default to a credit reporting agency;
e. Unpaid monies will be charged an interest rate of 2% per annum above the interest rate quoted by beIN’s bank, accrued and calculated weekly during the period of default.
5. Unauthorised use
5.1 The Service must not be used, exhibited, caused or permitted to be used in any other area of the Premises other than the public viewing area and it must not be connected to any television or monitor in any other area outside of the Premises.
5.2 You must not and you must not authorize or permit any other person to transmit, communicate, duplicate, re-broadcast, split and / or circumvent the Service in any form or by any means whatsoever and you must not direct the Service to any other place outside the public viewing area within the Premises. You must not and you must not authorize or permit any other person to connect or use any equipment or device to or with the equipment which may split, record, decode or otherwise effect the Service which is intended to override any technological copyright protection measure.
5.3 The exhibition of the Service must be in its entirety, in original form as provided by beIN without additions, deletions, modifications and unless prior written consent is obtained from beIN, you must not charge a fee for viewing the Service at the Premises.
5.4 You must exhibit the Services in accordance with all applicable laws, regulation rules and must not commit or allow any act or omission which would or may result in beIN’s breach of any such laws, regulations or rules including but not limited to any applicable codes of practice issued by any regulatory authority or any other applicable legislation.
5.5 If you become aware, in any way, that any third party is transmitting, communicating, reselling, re-broadcasting, duplicating and / or in any way circumventing the Services or that any third party is receiving exhibiting, decoding the Services without beIN’s authorization or at any location other than that which has been authorized by beIN, you must immediately notify beIN and provide all reasonable assistance to beIN to prevent such unauthorized use.
6. Promotion
6.1 Any such signs and / or other identifying material as beIN may provide for the purposes of identifying the Premises as authorized licensee of the Service, must be prominently displayed in the Premises (including in a location that is visible from outside the Premises). Where beIN organizes any promotional campaign, lotteries, competitions or games, in connection with the Service, you must actively promote the Service including promoting and participating in the promotional activities.
6.2 You hereby acknowledge that the names, logos and trademarks used by beIN as part of and / or in connection with the Service, are as between you and beIN, the exclusive property of beIN and you may only use those trademarks, names and logos to promote the Services as provided in this clause or otherwise with prior written approval of beIN.
6.3 You shall not create, use, and/or exhibit any promotional materials in connection with the Services without beIN’s prior written approval. This may include, without limitation, any promotional materials containing any names, logos, and trademarks used by beIN or the respective licensors of the content on the Services.
7. Cancellation of Service
7.1 beIN may suspend one or more of the Services immediately, without notice to you, upon becoming aware of your breach of any of these terms and conditions. The suspended service/s will only be reconnected when beIN is reasonably satisfied that the breach has been remedied.
7.2 In addition to any rights or remedies beIN may have against you under these terms and conditions or applicable law, beIN may terminate the Licence immediately by written notice if you:
a. Breach any of these terms and conditions, and the breach is not remedied within 3 days of your receipt of written notice from beIN;
b. Become bankrupt, insolvent or enter into any arrangement with your creditors.
7.3 Should the Licence be terminated prior to the expiry of the subscription term for any reason other than as a result of beIN breach, no refund will be provided in respect of the Fees paid by you and you shall remain liable to pay the Fees for the full subscription term.
7.4 Upon termination of the Licence you must within 7 days pay any fees owing up to the date of termination.
8. Warranties and Indemnity
8.1 beIN, to the best of it’s ability, warrants that it will use its best efforts to ensure clear transmission of the services although you accept that technical interference may occur which will not give rise to any liability or reduction of fees or permit you to cancel the Service.
8.2 Except as provided above, to the maximum extent permitted by law, the liability of beIN in connection with this agreement, including liability for negligence or the content of any service or program, is limited to the cost of supplying the Services again.
8.3 beIN will not be liable to you for indirect, consequential, special or exemplary damages (including but not limited to damages for loss of revenue, loss of profit, business interruption or otherwise) arising from any failure to provide the Services or perform any obligation under these terms and conditions, even if beIN has been advised of the possibility of such damage.
8.4 This agreement is only qualified by any provision of a statute, which cannot be excluded, although it applies to the agreement.
8.5 You warrant that:
a. You are authorized to bind your principal / owner of the Premises / leasor of the Premises by these terms and conditions including but not limited to the payment of any monies to beIN.
b. If you are a company or other business entity, the signatory nominated in the Application Form, of this agreement is an employee and / or officer of the company / customer duly authorized to sign the agreement and to bind the customer by these terms and conditions.
c. the information provided by you in the Application Form are true and accurate, and shall remain true and accurate throughout the term.
8.6 In the event that beIN must take recovery action against you, you specifically indemnifies beIN for any and all costs disbursed including but not limited to solicitors costs on an indemnity basis and any and all commissions and charges payable to a collection agency.
8.7 You agree to fully indemnify beIN immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, suffered by beIN at any time arising out of any breach of these Terms and Conditions by you (or any other user in your Premises or anyone else who may access the Service through your device using your username and password) or any other liabilities arising out of your or their wrongful use of or access to the Service and/or the System. beIN reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify beIN, and you will cooperate with beIN’s defence of these claims. This indemnity is a continuing obligation that survives the suspension or termination of the Service.
9. Assignment and Novation
9.1 Without beIN’s prior written consent, you must not sub-license or assign your rights and obligations under these terms and conditions to any other party. As an example should the Premises be sold or transferred to another party, you must give beIN written notice, no later than 30 days prior to this event occurring. Failure to do this and obtain beIN’s prior consent to the transfer will be a breach of this agreement and will result in your purported sub-license or assignment being held ineffective. If you sell the Premises or the Premises ownership otherwise changes, you must notify the purchaser that beIN is supplying the Services and use your best endeavours to ensure that the purchaser agrees to observe these terms and conditions and execute such documents in relation to the change of ownership of the Premises as beIN reasonably requires.
9.2 beIN at its sole discretion may assign or novate or otherwise deal with all or any part of its rights and obligations under these terms and conditions without the need to obtain your consent. You must, if and when, beIN requests, do all things and execute all documents beIN considers necessary for any such assignments, dealings or novations and record any related release of beIN from any further liability under this agreement. To this end you agree to give beIN your power of attorney to do all things necessary including but not limited to, signing all documentation in your name relating to any assignment, novation or other dealings that beIN requires.
10. Information Relating To You
10.1 Information relating to you and this agreement may be held in a database. The database may include your name, telephone number, address, the service you receive, credit and billing details (including information obtained under clause 10.2) and any other information relating to you or the premises or provided by you in connection with the services. You acknowledge that this may contain personal information as defined under the applicable data privacy law. A copy of beIN’s Privacy Policy is available at its website [x]. You hereby specifically consent to beIN using and disclosing such personal information in accordance with the Privacy Policy.
10.2 You hereby authorize beIN to obtain from or to give to any credit providers named in a credit report and or credit reporting agency, information about your credit arrangement which may include any information as to your credit worthiness, credit standing, credit history or credit capacity that credit providers and / or credit reporting agencies are permitted to give or receive under the applicable data privacy law.
10.3 You agree that beIN may collect and store your information and further agree that this information may be exchanged, disclosed or used by beIN (including any related company to beIN, contractors, agents and any service providers):
a. To enable beIN to ensure that you perform your obligations under this agreement;
b. To the purpose of planning, research and product development and the promotion and marketing (whether targeted direct or indirect) of its and their respective products and services; and
c. Otherwise to the extent necessary to provide the services.
11. Force Majeure
11.1 beIN shall not be held liable for any inability or delay in performing any of its obligations if such inability or delay is caused by either government intervention or circumstances beyond the reasonable control of beIN, including but not limited to cancellation, rescheduling or postponement of sporting or other cultural events, inability to broadcast, accident, inclement weather, natural disaster, casualty, explosion, fire, power failure, satellite failure or any other cause (each a Force Majeure event).
11.2 In the event that a Force Majeure event prevents beIN from providing or delivering the Services, then:
a. beIN will notify you in writing where possible and as soon as possible;
b. Supply of the Services will be suspended from the date of the Force Majeure event and will resume on the day on which the event giving rise to the suspension ceases.
11.3 In the event that a Force Majeure prevents beIN from providing the services for 30 days or more, then either party may immediately terminate this agreement on giving written notice to the other party without any further liability to either or the other party.
12. Disclaimer of warranties
12.1 beIN shall take all reasonable steps to ensure a high-quality video feed. However, beIN cannot control internet network congestion that may occur and affect the quality of the delivered video. beIN is not responsible for any suspension of service that may occur in the live video feed that is received from third party sources. To the maximum extent permitted by law, beIN are providing the Service on an “as is” basis and make no representations or warranties of any kind with respect to the Service, the system by which it is provided, or the content on the system, including (without limitation) warranties as to completeness, accuracy, satisfactory quality and fitness for any particular purpose, except to the extent required by law. To the maximum extent permitted by law, beIN does not warrant that the Service will meet your particular expectations or requirements or that it will be uninterrupted, timely, secure or error-free, nor does beIN make any warranty as to results or the accuracy of any information obtained by you through the Service. Certain legislation may imply warranties or conditions, impose obligations or give statutory guarantees (together, “Statutory Provisions”) which cannot be excluded, restricted or modified except, or which can only be excluded, restricted, or modified to a limited extent. These terms and conditions must be read subject to the Statutory Provisions.
13. Miscellaneous
13.1 You are obliged to ensure that your agents, employees, contractors and / or clients comply with these terms and conditions.
13.2 These terms and conditions and any attached schedule represent the whole of the agreement between the parties relating to the provision of services and supersede all previous written or oral agreements between you and beIN.
13.3 This agreement is governed and construed in accordance with the laws of Singapore and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Singapore.