URC TV Terms & Conditions123

INTRODUCTION

1.1
(a) Pro Rugby Championship DAC ("PRC") is rightsowner and licensor of certain OTT rights in and to the competition known as the United Rugby Championship (the "URC"). In furtherance of PRC's desire to make available URC content on an OTT basis, PRC is making available an URC OTT service under the brand name "URC TV" which name is owned by PRC. The URCTV service is powered by its authorised licensee RTÉ Commercial Enterprises DAC ("RTÉCED"), and is referred to as URC TV and/or the URC TV Service (as further defined below) for the purposes of these terms & conditions.
(b) When we say "you" or "your", we mean:

i) in the case of the URC TV iOS App, the person whose Apple account was used to install the URC TV iOS App;
and
ii) in the case of the URC TV Android App, the person whose Google Play account was used to install the URC TV Android App;
and iii) in the case of the URC TV website, any person who accesses or uses that website.

(c) When we say "we", "us" or "our", we mean RTÉ Commercial Enterprises DAC, with its registered address at Donnybrook, Dublin 4, Ireland, with company number 155076 and VAT number IE6552576O.
(d) "App Providers" means Apple and Google Play (and each an "App Provider").

1.2
(a) By subscribing for, accessing or using content on the URC TV website (including all sub-sites and micro-sites controlled by URC TV) (the "Site"), and/or URC TV iOS App which is available using your Apple account, and the URC TV Android App which is available using your Google Play account (collectively the "URC TV Apps"), you are entering into a contract with RTECED and you are acknowledging and agreeing to the disclaimers, terms and conditions ("Terms") set forth below. If you do not agree to these Terms, you should not use the Site or the URC TV Apps.
(b) By subscribing for, accessing or using content on the URC TV Apps you:

(i) are entering into a contract with RTECED and
(ii) you are acknowledging and agreeing to the Terms set forth below; and
(iii) you are acknowledging and agreeing that you comply with any terms, rules or policies applied by the applicable App Provider.

(c) Please note that any personal information you provide to us in connection with the Site and/or the URC TV Apps will be used in accordance with the URC TV Privacy Policy which can be found here.

2. THE URC TV SERVICE

2.1

The URC TV service comprises the provision of online internet access to various types of live and on-demand match and match archive content relating to the URC competition and such other various types of content relating to the URC as URC TV may decide in its discretion to make available on the Service. This content includes the streaming of matches and the provision of news, updates, fixtures and other information of interest to URC fans ("Content"). While some Content is available in all countries without the requirement to pay a subscription the availability of certain premium Content, including but not limited to live or deferred match broadcasts or such other content requiring purchase ("Premium Content"), is restricted to certain geographical regions and is subject to payment of a subscription fee. Collectively the provision of Content and associated services are referred to in these Terms as the "URC TV Service".

2.2
These Terms do not authorise you to receive any other pay or pay-per-view or other services of any kind from URC TV, Raidió Teilifís Éireann ("RTÉ"), RTÉCED or PRC.

3. AVAILABILITY OF GAME CONTENT

3.1
Any specific geographical, scheduling/holdback or cost conditions associated with particular Premium Content are specified on the URC TV access points, for example the Site and/or the URC TV Apps. These may vary in different territories. If you choose to subscribe for Premium Content, you are responsible for paying the associated charges and for understanding any geographical and/or scheduling/holdback restrictions associated with the Premium Content in your territory of residence. Access to URC TV is based on the location of the viewer. Therefore, if you are not located in the appropriate country to receive the particular URC TV Service, that particular URC TV Service will not be available to you, even if you have paid for it.
URC TV is not currently available in (a) the United Kingdom; (b) Italy (including San Marino, Canton Ticino and Vatican City); and (c) Sub-Saharan Africa (including Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verdi, Central African Republic, Chad, Comoros, Congo, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mayotte, Mozambique, Namibia, Niger, Nigeria, Reunion, Rwanda, Sao Tome Principe, Senegal, Sierra Leone, Seychelles, Socotra, Somalia, St Helena and Ascension, Sudan and Southern Sudan, Swaziland, Tanzania, Togo, Uganda, Zambia, Zimbabwe, Zanzibar and South Africa).

3.2
(a) In accordance with the EU's "Portability Regulation" (Regulation (EU) 2017/1128), if you are resident in any EU Member State you will be able to view the same Content that is available to you in your country of residence (your "Home State") when you are temporarily in another EU Member State (for example, when you are on holiday or travelling to work or study) within the meaning of the Portability Regulation.
(b) In order to provide the portability described in clause 3.2(a), we will need to verify your Home State of residence. We may be able to verify your Home State using information already available to us. However, it may be necessary to request identification or other documents or information from you in order to be able to verify your Home State. If, at any time, we have reasonable doubts about whether we have the correct Home State on record for you, we may carry out additional verification checks and may require you to provide further documents and information.
(c) If you do not provide the information and documents requested, or we are otherwise unable to verify your Home State, you will not be able to benefit from the portability of the Content when temporarily in another Member State of the EU.
(d) If you move home whilst subscribed to URC TV so that you become resident in another country, you must notify us, either: (i) that you are no longer resident in an EU Member State; or (ii) which EU Member State is your new Home State.
(e) If your Home State ceases to be a member of the EU we reserve the right to stop providing you with the benefit of the provisions of this clause 3.2.

3.3
If you choose to purchase any Premium Content, you confirm that:
(a) you are over 18 years of age;
(b) you agree to pay the specified charges for the relevant URC TV Service;
(c) you have read and understood the geographical, scheduling or other restrictions associated with the particular URC TV Service(s);
(d) you and any person who accesses or uses the URC TV Service(s) will comply with these Terms;
and (e) additionally in the case of the URC TV Apps only, you will also comply with any terms, rules or policies applied by the applicable App Provider.

3.4 DEFERRED/ON DEMAND CONTENT
For Premium Content, there are ten separate 24-hour periods from the time the Premium Content first becomes available on-demand to watch the purchased Premium Content on the Site. Premium Content can be watched as many times as you like in each of those ten 24-hour periods. However, you may not download or attempt to save Content for viewing otherwise than on the Site, and/or through the URC TV Apps.

3.5
RTE CED shall use commercially reasonable endeavours to make the Site and the URC TV Apps (subject to the provision of the applicable App Provider's services) available continuously. However, we do not warrant that the Site or the URC TV Apps or any Content will be available on a 24-hour basis as it may be necessary to temporarily or permanently remove Content for technical maintenance or other operational reasons. If we remove Premium Content available for viewing in your territory permanently without providing you with a reasonable opportunity to view it, you may apply for a refund of the charges associated with that Content. If you have purchased Premium Content, any refunds will be applied on a pro-rata basis. Applications for refunds should be submitted to: [email protected]

4. YOUR ACCOUNT INFORMATION

4.1
When you wish to view Premium Content on the Site, you will be asked to enter an email address, password and credit/debit card information.

4.2
Once your payment is processed by either RTECED or the URC TV App Provider, you will receive email payment confirmation of your purchase and access instructions that will allow you to access the online stream of the relevant Premium Content. If you purchase Premium Content on behalf of someone else, you should provide the recipient's email address at the point of purchase. When you receive the email confirmation you should forward it to the recipient. The recipient will not be able to access the Premium Content if you have not forwarded the email confirmation and access instructions to them.

5. COMPATIBLE DEVICES

5.1 SITE
(a) URC TV works on most modern Internet devices. To view game Content you will need: a broadband internet connection; a computer, tablet or mobile device (such as an iPhone or Android smartphone); and a compatible web browser. See our FAQs for more information.
(b) Once you purchase Premium Content on the Site and/or the URC TV Apps, you will be able to access the Premium Content stream on any number of compatible devices, but only one device will work at any one time.
(c) The URC TV Service works on the Site through the web browser on your internet compatible device, or via the relevant URC TV App on compatible devices.
(d) Viewing Content on the Site and/or the URC TV Apps will count towards any mobile data allowance or broadband usage limits that apply to your mobile or broadband service.
(e) URC TV reserves the right to limit, in its sole discretion, the provision of the Site to particular geographic areas. If you travel outside your country of residence you may not be able to continue to access the Site, or you may only be able to access content relevant to your country of location.

5.2 THE URC TV APPS
(a) The URC TV Apps will be made available to supported devices via the relevant App Providers and/or other distribution mechanisms. Access to such App Providers is subject to the requirements of such App Providers. URC TV reserves the right to limit, in its sole discretion, the provision of the URC TV Apps to particular devices or geographic areas. If you travel outside your country of residence you may not be able to continue to access the Site, or you may only be able to access content relevant to your country of location.
(b) You are responsible for installing updates to the URC TV Apps as soon as we make them available. If you do not do so, the Service is not guaranteed and this will impact on your ability to use the URC TV Apps, as well as their functionality and security.

6. TERM AND TERMINATION

6.1
These Terms govern all use of Content at any time. However, the licence to use Premium Content is limited to the time on which that Content is made available for viewing (see paragraph 3.4 and 3.5 above).

6.2
Your access to the URC TV Service or any Content thereon may be terminated by us if you act in breach of these Terms (including without limitation if you fail to pay any amount due under these Terms on the due date for payment) or if we have reasonable grounds for suspecting a breach. We will not refund any payments made under these Terms if we terminate access in such circumstances.

6.3
We may terminate the agreement with you at any time if we cease to operate the URC TV Service or cease to offer the URC TV Service in your country of residence. If so we shall seek to provide you with reasonable advance notice. If we terminate an agreement to provide Premium Content during the term of that agreement, we will provide you with a pro rata refund.

7. YOUR RIGHT OF CANCELLATION

7.1
Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the "Regulations") you have the right to cancel your purchase of Premium Content, for any reason, within 14 days of the date of your purchase (the "Cooling-off Period").

7.2
If you wish to stream Premium Content during the Cooling-off Period you may do so but:
(a) you expressly agree that we may begin to make the Premium Content available to you during the Cooling-Off Period; and
(b) you expressly acknowledge and agree that your right to cancel your order under the Regulations (as set out in clause 7.1) will be lost.

7.3
If you exercise your right of cancellation in accordance with clause 7.1, the contract for your purchase of Premium Content will come to an end and you will receive a full refund. We will make this reimbursement no later than 14 days after the day on which we are informed about your decision to cancel your purchase. We will make the reimbursement using the same means of payment you use to make your payment, unless you expressly agree otherwise.

7.4
To exercise your right of cancellation you must contact us to let us know that you are doing so. You may do this by emailing us at the address at the bottom of these Terms including in full (as an attachment to your email) a copy of the email you received from us at the time of purchase or by completing the model cancellation form as set out in Appendix 1.

7.5
If you purchase Premium Content from any of the URC TV Apps, the terms and conditions of the applicable App Provider may apply and such terms and conditions may vary from country to country.

8. INTELLECTUAL PROPERTY LICENCE

8.1
All Content and other materials incorporated in or accessible through the Site, and/or the URC TV Apps including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site), are protected by Irish and international copyright laws, and are owned, controlled or licensed by PRC and/or RTECED, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Site and/or the URC TV Apps in the ordinary course and subject to the restrictions and conditions set out in these Terms. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.

8.2
If you purchase Premium Content, you are granted a non-exclusive, non-transferable right to view the Premium Content in question during the published availability windows for that Premium Content and subject to the restrictions and conditions set out in these Terms. The foregoing licence is subject to your payment of all applicable charges, is solely for non-commercial use and expires once the Premium Content is removed from the Site and/or the URC TV Apps. The licence is personal to you except where you have purchased Premium Content for someone else in which case the licence extends to that person who receives the relevant link in accordance with paragraph 4.2 above.

8.3
"URC TV" is a brand name and trade mark of PRC. The trade mark or any other trade mark (registered or unregistered) of RTÉCED, RTÉ, PRC, the URC and URC TV may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RTÉCED, RTÉ, PRC, the URC, URC TV or any other party.

9. CHARGES AND APPLICABLE TAX

9.1
When you purchase from URC TV: Charges quoted on the Site are in Euro within the Euro zone and are inclusive of VAT. Outside of the Euro zone, prices are in USD in all other territories. You bear any exchange rate risk and will be charged an additional currency conversion processing fee. If you pay using a currency other than that which applies to your credit card you bear any exchange rate risk. If the stated price is clearly incorrect then we are not obliged to provide you with Premium Content at that price even if we have accepted your order. If we notify you of a pricing error, you may continue to receive the Premium Content at the correct price or cancel your order without any obligation to us and we shall refund you any monies that you have paid to us in respect of that order.

9.2
To make a purchase of Premium Content you are required to provide payment card ("Payment Card") details, and by completing the purchase you confirm that:
(a) You are the authorised payment card holder;
(b) Your payment card details are valid, up to date and complete;
(c) You are complying with the rules payment card governing your purchases; and
(d) you are irrevocably authorising RTECED, through its contracted third party payment process agents, to deduct the charges against the relevant card for the initial payment and any future renewals.

9.3
When you purchase within the URC TV Apps, your purchase is made in accordance with the terms and conditions of the relevant App Provider. Purchases within the URC TV Apps may be subject to local sales taxes.

9.4 AUTOMATIC RENEWAL OF PREMIUM CONTENT
Purchase of Premium Content will be automatically renewed and billed on a monthly or annual basis to your Payment Card at a date(s) notified to you by RTE CED (and/or its contracted payment agents) ("Automatic Renewal Date") unless you opt out of automatic renewal in your account or by emailing us at the address at the bottom of these Terms. You will be notified prior to your Automatic Renewal Date and reminded of the ability of the option to opt out of Automatic Renewal. You hereby authorise us to take these automatic renewal payments using the payment mechanism used for your original order.

9.5
Premium Content is non-refundable (save for: (a) if your cancellation rights are exercised under clause 7.1; or (b) you are legally entitled to under these Terms) and all Content is non-transferable. If you do not view Premium Content you have purchased either live or within the availability window for the event, you will still be charged. However, refunds for games purchased after the "live" commencement are granted only after reviewing the case in question and are at our discretion.

9.6
The prices quoted on the URC TV website and/or in the URC TV Apps are subject to change. While we will not increase the cost of a package you have already purchased, we reserve the right to change with advance notice our pricing for other services or to increase the price prior to the point of renewal. You will have a choice at that point whether or not you wish to pay the revised charges.

9.7
RTECED or its contracted third party payment agents reserve the right to refuse any purchase request for Premium Content for any reason. Orders may be delayed or cancelled if RTECED is not given completely accurate information and/or is unable to contact the person who has placed the order and/or the primary cardholder for the order.

10. UNAUTHORISED USE

10.1
The URC TV Service is made available for your private viewing purposes only. You may not use the URC TV Service or any part of it other than to view the Content on the Site and/or the URC TV Apps for private, non-commercial purposes. You may not make or authorise any public display or performance of any Content on the URC TV Service, whether in commercial premises or otherwise.

10.2
You shall not except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Content in any form or media or by any means; or
(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any of the software underlying the URC TV Service; or
(c) access all or any part of the Content in order to build a product or service which competes with the URC TV Service; or
(d) use the Site or the URC TV Apps or the URC TV Service to provide services to third parties; or
(e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Content available to any third party, or
(f) attempt to obtain, or assist third parties in obtaining, access to Content other than as provided under this these Terms;
and you shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Content and, in the event of any such unauthorised access or use, promptly notify us using the contact details below.

10.3
You agree not to use the Site and/or the URC TV Apps or cause or permit the Site or the URC TV Apps to be used:
(a) so as to jeopardise or prejudice the operation, quality or integrity of the Site and/or the URC TV Apps, or the operation, quality or integrity of any telecommunications network;
(b) for any commercial purpose including any public or commercial display of the Content, or any direct marketing, surveys, contests or pyramid schemes, nor to use the Site and/or the URC TV Apps to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
(c) to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(d) to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
(e) contrary to the terms and conditions of any App Provider; or
(f) contrary to the terms and conditions of any Internet service provider whose services you may use; or
(g) contrary to any applicable laws or regulations, or in a manner that infringes any intellectual property rights or other rights of a third party.

11. LIABILITY

11.1
The Site and/or the URC TV Apps are provided on an "as is" basis. To the fullest extent permitted by applicable law, RTE CED disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or infringement.

11.2
Neither URC TV, PRC, RTÉCED, RTÉ or any of their affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the Site and/or the URC TV Apps or any function contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the Site and/or the URC TV Apps or the servers that make the Site and/or the URC TV Apps available are free of viruses or other harmful components.

11.3
Although the Site is accessible worldwide, not all Content is available to all persons or in all geographic locations. RTECED reserve the right to limit, in their sole discretion, the provision and quantity of any Content to any person or geographic area it so desires. Any offer for any product or service made in or through this Site or through the URC TV Apps is void where prohibited.

11.4
Not all content is available on the URC TV Apps. RTECED and PRC reserve the right to limit at their sole discretion, the provision and quantity of any content available on the URC TV Apps to any person or geographic area it so desires. Any offer for any Product or Service made in or through the URC TV Apps is void where prohibited.

11.5
You expressly understand and agree that (to the fullest extent permitted by law) PRC, RTÉCED, RTÉ or any of their affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from the use or the inability to use the Site.

11.6
In no event shall the total liability of RTECED to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence)) exceed the amount paid by you to us, if any, for accessing the Site or purchasing Premium Content. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of this Site.

11.7
Nothing in these Terms excludes the liability of RTECED for:
(a) death or personal injury caused by RTECED's negligence; or
(b) for fraud or fraudulent misrepresentation.

11.8
The above exclusions and disclaimers apply to the fullest extent permitted by law. Nothing in these Terms affects your statutory rights.

12. LINKS TO THIRD PARTY SITES

12.1
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by PRC and RTECED of the content on such third party websites. Neither PRC nor RTECED nor RTE is responsible for the content of linked third party sites, and PRC and RTECED and RTE do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions and privacy policies of such third party sites.

12.2
PRC and RTECED generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site's homepage (and no deeper within the Site). Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.

13. GENERAL

13.1
RTECED reserves the right to transfer its rights or obligations under these Terms to any company, firm or person provided this does not affect your rights under these Terms in a negative way.

13.2
These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else, and no third party is entitled to benefit under these Terms except in the circumstances specified in paragraph 4.2.

13.3
Where we are required or permitted under these Terms to give you notice in writing, we will post the relevant information on the Site. We may also send notices using any of the contact details we hold for this purpose (including, unless you tell us otherwise, to the primary email address we hold for you).

13.4
RTECED shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from providing the URC TV Services or any of the Content by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, pandemic, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

13.5
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.6
RTECED reserves the right to amend these Terms & Conditions from time to time and any material changes to these Terms will be notified to you by email on reasonable notice prior to implementation of the material change(s).

13.7
Other than the URC TV Privacy Policy, these Terms & Conditions constitute the entire agreement between RTECED and you with respect to your access to and use of the Site, the URC TV Services and the Content. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

13.8
If there is any conflict between the Terms & Conditions and the applicable terms and conditions of any App Provider, these Terms & Conditions shall take precedence.

13.9
The Site and the URC TV Apps have been created and are controlled by PRC and RTECED in Ireland. These Terms will be governed by, and construed and enforced in accordance with, the laws of Ireland. You hereby unconditionally and irrevocably submit to the non-exclusive jurisdiction of the Irish courts. However, if you are a consumer resident of another European Union member state and we direct the URC TV Services to the EU member state in which you are resident, you can bring legal proceedings in respect of these Terms in either the Irish courts or your local courts, and you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

13.10
If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.


CONTACT DETAILS

URC TV Email: [email protected]

These Terms were last updated on 13 September 2021.


Appendix 1

Model Cancellation Form

To: RTÉ Commercial Enterprises DAC
E-mail address: [email protected]

I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract for the provision of the following service*,
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
Date

(*) Please delete if not applicable