Thank you for visiting http://www.spurs.premiumtv.co.uk - (hereinafter "Spurs TV Online") official video website for Tottenham Hotspur FC (hereinafter the "Website"). This Terms and Conditions of Subscription explains how Spurs TV Online and Perform Group Limited (hereinafter "Perform"), and other companies related to Tottenham Hotspur FC and Perform Group Limited's group of companies, use information we collect about you and the choices you can make about the way your information is collected and used.
In cooperation with Tottenham Hotspur FC, Perform provides an online video service offering a selection of live events including match commentary, highlights, and other content (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 from time to time by Tottenham Hotspur FC and/or Perform are referred collectively as the "Services".
Use of Information
You can visit the Website without disclosing any information about yourself. Tottenham Hotspur FC and/or Perform do not collect personal identifying information when you access the Website homepage and browse the Website without disclosing your personal data (except Cookies; see "Privacy Policy" under "Cookies"). However, to purchase any subscription to watch Content viewable on this Website, view any video Content, to participate in any contest or message feature, vote in polls or otherwise express an opinion, or subscribe to one of our services such as online newsletters, or participate in one of our online forums or communities, you must register and provide accurate information about yourself to the Website, as the Services may not work properly without such information. The types of information that may be collected on at these pages include: your name, e-mail address, postal address, and telephone/mobile number, banking details, your gender and date of birth ("Personal Information"). We request these details in order to provide the Services to you (i.e. dispatch news and Tottenham Hotspur FC/Perform and their sponsors' communications via email, post, fax or phone), to respond to any queries you may have, to ensure we request and receive the correct consent from you, and to understand customer trends and patterns. Your Personal Information is password protected, and any Personal Information you provide to the Website is protected from unauthorised disclosure by reasonable technological measures. Personal Information is not, however, transmitted via SSL encryption technology. We recommend that you do not divulge your password to anyone.
Please read these terms and conditions of Subscription ("Conditions") before subscribing to the Services.
Perform Media Services (Perform) on behalf of Tottenham Hotspur FC 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.
If these Conditions conflict with the http://www.tottenhamhotspur.com Website Terms of Use, these Conditions will take priority.
1. Orders
In ticking the box and accepting the Conditions on the registration page, you are entering into a legally binding contract with Perform to purchase the Services. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Conditions.
2. Price and Payment
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.
Payment for services must be made by Mastercard, Visa, Switch, Visa Delta, JCB cards, PayPal or Direct Debit mandate.. You confirm that the credit/debit card or bank account which is being used is yours, or have the authorization of the card holder to use it. All account and credit/debit card holders are subject to validation checks and authorisation by the card issuer.
Perform reserves the right to refuse direct debit or credit/debit card payments in its reasonable discretion. Perform will process your payment on a secure site.
3. Duration and Termination
Your right to terminate.
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.
Your right to a refund
If you have signed up to a Free Trial (i.e. no payment has been taken and you are able to access subscription products), you can cancel your Free Trial at any time prior to the end of the relevant Free Trial period and your credit/debit card will not be charged. The exact length of the Free Trial period will be stated at the time of purchase. Please note that if you do not cancel during the free trial period then your credit/debit card will be automatically charged as your repeating subscription begins immediately.
We will not issue a refund if you request cancellation and a refund after your Free Trial period has ended and/or your credit/debit card has been charged for the relevant month, year or relevant period.
Our right to terminate
Perform may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 1 or 6 will be considered to be a material breach) or if you do not fulfil any of the technical requirements established in the Help Section of the Website.
In addition, Perform may terminate this agreement 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.
4. The Services and Service Availability
The 'Services' shall be the provision to you of access to services on this Website including but not limited to Live Content, Highlights and Interviews.
However Perform, on behalf of Tottenham Hotspur FC, reserves the right to amend the nature and extent of the Services available at any time.
You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
In the event that Perform reasonably determines 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 paid as provided for in clause 3 ("Our right to terminate").
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.
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 Website may not be uninterrupted, timely, secure or error-free.
From time to time we will need to close the website 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.
5. Technical Support and Contacting Perform
You can contact Perform whether to discuss technical problems or trace your subscription, or for any other reason by emailing to 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 identify your subscription.
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.
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.
6. Your use of the Services
The design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) are subject to the copyright of Tottenham Hotspur FC, Perform 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 your permitted PC 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 violates or infringes the rights of anyone else). As well as our right to terminate for breaches by you (clause 3) 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 the http://www.spurs.premiumtv.co.uk Website Terms of Use, or if we are requested to do so by a regulatory authority.
7. Liability
Unless agreed otherwise in writing, the maximum liability of each of Perform and Tottenham Hotspur FC 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 in question ("payment amount"). Neither Perform nor Tottenham Hotspur FC shall in any event be liable to you for:
(i) any direct loss in excess of the subscription 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 and Tottenham Hotspur FC of death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
8. Data Protection
It is good practice, and it is your responsibility, to take adequate steps to protect against viruses and such like. The information and data ("personal data") which is provided by you in connection with this site will be owned by Perform and Tottenham Hotspur FC.
It will be held on the computers and manual records of, and will be used by, Perform, Tottenham Hotspur FC and its sponsors, affiliates, official suppliers and any other reputable suppliers of goods and services which Perform or Tottenham Hotspur FC believe may be of interest to you (together "the companies"). A complete list of all such companies is available on request to customerservices@performgroup.com .
The personal data shall be used by the companies for the following purposes:
(i) to update and develop the companies' records and for assessment and analysis including market and product analysis;
(ii) to assist the companies in offering and providing their services/products to you;
(iii) to enable the companies to review, develop and improve the services offered by them.
The companies may inform you from time to time by email, telephone, or mail about relevant news, information, promotions, services and products offered by any of them which they believe may be of interest to you. If you do not wish this to happen, please ensure that you untick the appropriate box when you register your personal details.
By law you are entitled to receive a copy of information or data about you which is held by any of the companies. You are also entitled to require the rectification, erasure or blocking or any such information or data which is inaccurate or not up-to-date and held by the companies.
If you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your information or data held by the companies, please write to the customerservices@performgroup.com stating your full name and address and providing any other relevant information.
9. Force Majeure
Neither Perform nor Tottenham Hotspur FC shall have any 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 or Tottenham Hotspur FC 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.
If this means that you fail to receive a substantial element of the Services, Perform will refund such proportion of the sum pre-paid by you in respect of the Services as it decides, acting reasonably, is fair in the circumstances.
10. Waiver
No waiver by either of Perform or Tottenham Hotspur FC shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
11. Entire Agreement
These Conditions together with the current Services prices and contact details on this website, set out the whole of the agreement between you and Perform. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Perform.
Perform and/or Tottenham Hotspur FC employees and/or its agents are not authorised to make any representations concerning the Services unless confirmed in writing by Perform. You confirm that you do not rely on, and waive any claims for breach of, any such representations that are not so confirmed.
12. Third Party Rights
(a) Clauses 7, 8 and 9 of these Conditions confer a benefit on Tottenham Hotspur FC and are intended to be enforceable by Tottenham Hotspur FC by virtue of the Contracts (Rights of Third Parties) Act 1999.
(b) Except as provided in clause 12(a), a person who is not a party to the contract governed by these Conditions has no 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.
13. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England