PLEASE READ THESE TERMS AND CONDITIONS BEFORE SUBSCRIBING FOR SERVICES.
These are the terms and conditions (the "Terms"
) for subscribing to the premium content of the Hull KR TV website ("Site"
). The Site is provided to you, the
on the basis that you pay the Fee (in the manner detailed below) and accept the terms of this contract. It is a legal agreement and it sets out the rights and obligations of you and
Hull Kingston Rovers RLFC including its agents and group companies ("we"
). By clicking the "AGREE" box and filling in
the registration form for the Site you are agreeing to be bound by these Terms.
To the extent that these Terms conflict with the general Terms and Conditions of use of the Hullkr.tv or Hullkr.co.uk Websites ("General Terms"
) the order of priority shall be:
(i) these Terms then (ii) General Terms.
WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY THESE TERMS BY POSTING A REVISED VERSION ON THE SITE. 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.
In these Terms the following words and expressions shall have the following meanings:
"Content" means any and all of the content and material comprising the Site including without limitation all text, graphics, statistics, logos, photographs, audio and video.
"Services" shall be the provision to you of access to services on the Site including audio-video stream, features, highlights and galleries.
"Service Period" means the period selected; 24 hours, 1 month or twelve calendar months from the date upon which [
we receive payment of the Fee in cleared funds]
"User Information" means the personal details which may be provided by you to us at registration or otherwise via the Site from time to time.
"Users" means the users of the Site collectively and/or individually as the context admits.
1.1 Your ability to access and use the Services is at all times subject to these Terms.
1.2 If you are under 18 years of age and/or not of full legal age, you must have the permission of your parents or a guardian before (i) adhering to these Terms, (ii) registering and
(iii) using the Services. By your continuing use of the Services, you are confirming that you have received the consent of your parents or your guardian for any of your uses of the Services
and that you have discussed these Terms with your parents or your guardian before you register.
1.3 In return for allowing you to use the Services, you agree that any User Information provided at any time will be true, accurate, current and complete and that you will ensure that this
information is kept accurate and up to date.
1.4 We reserve the right to refuse to accept your subscription application for any reason.
1.5 You warrant that the User Information which you provide when you register is true, accurate and complete in all respects and you agree to notify us immediately of any changes by amending
your details using the 'Edit Account' function on the Site.
2 Price and Payment
2.1 You must pay the subscription fee (the "Fee") to us in cleared funds before you will be able to access the Services. The Fee only covers 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. Unless otherwise stated the Fee is inclusive of UK Value Added Tax at the rates in
force from time to time but exclusive of any other taxes applicable from time to time, for which payment you shall be liable. Except in the case of manifest error, the Fee payable for the
Services that you order are as set out on the Site at the time at which your order is accepted by us or such amended price as may be notified to you by email to the email address you have
specified to us at the time of registration or as updated in accordance with paragraph 1.5 above.
2.2 You may pay the Fee in a number of ways:
2.2.1 Credit/Debit card
The Fee will be automatically billed against the credit/debit card number that you provide in the registration form or via the Paypal site. Payment may be made by any of the following credit, debit or prepaid cards:
Visa, Mastercard [Switch, Solo, JCB] or Visa Delta. 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. Paypal will process your payment on a secure site.
2.2.2 Direct Debit
If you elect to pay by direct debit we will debit the Fee in full from the bank account which you provide the details of in the registration form. If the direct debit instruction fails
we shall use our reasonable endeavors to notify you by email and you will not be able to access the Site until payment is received.
You may elect to pay by cash at our superstore at 16 Savile Row, Savile Street, Hull, HU1 3EF. We will endeavor to process your application within 14 days of receipt of your payment.
2.3 We will notify you by email that we have processed your payment of the Fee and inform you that you are a registered subscriber. The email message will constitute our acceptance of your
subscription application. Our acceptance of your order will be deemed complete and received by you at the time and date we send the email, which time and date is specified on the email.
We accept no responsibility for you not actually receiving the email, for reasons outside our control. We reserve the right to refuse any payments in our reasonable discretion.
2.4 If you elect to pay for the Services by credit/debit card or direct debit then, unless you have cancelled in the meantime in accordance with paragraph 6.1 below, you will be sent an
e-mail no later than 7 days before the end of your Service Period offering you the opportunity to cancel, supply alternative payment details or continue your subscription. If you choose not
to cancel or respond to this e-mail then your annual subscription will be automatically renewed using existing payment details. If the credit/debit card or bank details are no longer valid
then we shall notify you by email and request revised payment instructions. Your failure to reply will lead to your subscription expiring and your access to the Site being terminated at the
end of your Service Period.
2.5 If you have paid for the Services in cash then, unless you have cancelled in the meantime in accordance with paragraph 6.1 below, you will be sent an email before the end of your Service Period offering you the opportunity to cancel or renew your subscription. If you do not provide alternative payment details or make payment in cash at our superstore before the date which is prior to the end of your Service Period then your subscription to the Services will terminate at the end of your Service Period.
2.6 We use all reasonable endeavours to ensure that all information on the Site is accurate. However, in the event that an incorrect price or other incorrect information is displayed in relation
to the Services due to a clerical, typographical, pricing or other error, we shall have the right to refuse to accept any order or cancel any contract to supply the Services whether or not the
order has been confirmed and payment taken. In the unlikely event that you have already been charged for the purchase and the order is cancelled for this reason, we shall issue a full credit to
the value of the Services cancelled.
3 Services and Service Availability
3.1 We may from time to time modify or discontinue the Site without giving you notice. We reserve the right to amend the nature and extent of the Services available at any time.
3.2 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services. In order to use the Site or access the
content, you must (a) obtain access to the internet and pay any service fees associated with such access; (b) provide all equipment necessary to make such connection to the internet, including
a computer and modem or other necessary access device and (c) have all appropriate software (the "Software"
) installed on your terminal. Your use of the Software is subject to the terms of the
licence granted to you by the licensor of such Software. We are not providing and are not responsible for the Software, or for any problems caused by the Software, computer hardware or computer
3.3 The Site is to be used by only one individual per username and on one computer or other device at any one time. Your right to use the Site is personal to you. Following your application for
subscription to the Services we will send you a user name and password to the email provided at the time of your application. You must keep the password secure and not disclose it to any other
person. If your password becomes known by a third party you should immediately change it using the ‘Edit Account’ function on the Site. We are not liable for any loss or damage arising from your
failure to comply with your obligation to keep your details secure. You accept that you are liable for any third party who may access the Services using your username and password including,
without limitation, any liability arising pursuant to the indemnity set out in paragraph 10.
3.4 You must not (nor authorise or permit any other party to):
3.4.1 abuse the Site or use it for any unlawful purpose;
3.4.2 transmit any computer viruses or any other disruptive or harmful contaminants through the Site;
3.4.3 use the Site in a way that may cause it and/or any equipment used by us to provide the Site to be interrupted, damaged, rendered less efficient or impaired;
3.4.4 use the Site 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);
3.4.5 reproduce, modify, distribute or publish any of the content of the Site without our prior written permission although you may electronically copy and print in hard copy portions of
the Site for your personal use only and not for any commercial gain;
3.4.6 sell, assign, transfer or delegate all or any of your rights and obligations to another person or entity, or share use of the Site or any content contained within it.
3.4.7 seek to access the Services using your username and password on more than one device at the same time.
3.5 You agree that you will:
3.5.1 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.
3.5.2 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;
3.5.3 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;
3.5.4 not alter, disassemble, decompile or reverse engineer any part of the Services;
3.5.5 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
3.6 We will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, the Site 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 Site may not be uninterrupted, timely, secure or error-free.
3.7 From time to time we will need to close the Site to carry out upgrades or maintenance. We will try to keep this to a minimum.
3.8 We may suspend or close the Site or your access to the Site at any time in our absolute discretion if:
3.8.1 your use of the Site is considered abusive, excessive, or against the interests of other subscribers;
3.8.2 your use of the Site is considered in breach of these Terms and/or the General Terms; or
3.8.3 a competent regulatory authority requires the Site to be closed.
4 Intellectual Property
4.1 All copyright, trade marks and all other intellectual property rights in all Content shall remain at all times vested in us or our licensors. You are permitted to use this Content only as
expressly authorised in writing by us or our licensors or in accordance with these Terms and you may not and you agree not to assist or facilitate any third party to copy, reproduce, repurpose,
transmit, distribute, commercially exploit or create derivative works of such Content.
4.2 If you become aware of any such distribution or commercial exploitation of the Content, you agree to notify us immediately.
4.3 You acknowledge that by you posting materials on the Site, you grant to us and our licensors and assigns an irrevocable, perpetual royalty free worldwide licence to use such materials within
the Site and in any other manner. The licence extends to copying, distributing, broadcasting, repurposing and otherwise transmitting, and adapting and editing the materials.
4.4 We grant you a non-exclusive, non-assignable and non-transferable licence to use and display for personal use only one copy of any content that you may download from the Site provided that you
maintain all copying and other notices contained in such Content. You agree not to sublicence, assign or otherwise transfer this licence or any downloaded Content.
5 Exclusion of Warranties and Liability
5.1 YOU ACKNOWLEDGE THAT WE ARE PROVIDING ACCESS TO THE SERVICES ON AN “AS IS BASIS” AND SAVE AS EXPRESSLY SET OUT IN THESE TERMS WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANYKIND IN RELATION TO
THE SITE, THE CONTENT OR THE PROVISION OF THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO QUALITY, ACCURACY OR FITNESS AND DO NOT WARRANT THAT ANY OF THE FUNCTIONS CONTAINED ON THE
SITE WILL OPERATE WITHOUT INTERRUPTION OR DELAY OR WILL BE ERROR FREE, SECURE, FREE OF VIRUSES OR BUGS OR COMPATIBLE WITH ANY SOFTWARE.
5.2 NEITHER WE NOR ANY OF OUR DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER IN ANY WAY CONNECTED WITH
THE USE OF THE SITE, WHETHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION, DAMAGE TO SOFTWARE OR HARDWARE, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR ANTICIPATED SAVINGS OR FOR ANYOTHER
CONSEQUENTIAL LOSS EVEN IF WE WERE AWARE OR SHOULD REASONABLY HAVE KNOWN OF THE POSSIBILITY OF SUCH COST.
5.3 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR FOR FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
6 Duration and Termination
6.1 Your Right to Terminate
6.1.1 You may cancel your subscription for the Services by emailing firstname.lastname@example.org with the heading 'UNSUBSCRIBE'.
6.1.2 Cancellation may be made at any time up to 5 working days prior to the end of the Service Period for which you have paid.
6.1.3 If you cancel prior to this 5 working day period access to the Services will be terminated at the end of the relevant Service Period. If you cancel during this 5 working day period or
after the renewal date you will be charged for the following year and access to the Services will terminate on expiry of that following year. No refund will be given for any cancellation prior
to the end of any Service Period.
6.2 Our Right to Terminate
6.2.1 We may terminate your access to the Services with immediate effect and by written notice at any time if you commit a breach of these Terms, if you do not fulfil any of the technical
requirements set out in clause 3 or in our reasonable opinion you are not using the Services in good faith or your use may be detrimental to any other users of the Services.
6.2.2 In addition, we may terminate the Services on one calendar month's notice to you. If we terminate the Services other than pursuant to clause 5.2.1, 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.
7 Data Protection
7.1 We shall comply with applicable UK Data Protection legislation from time to time in place in respect of any User Information.
as set out on the Site. To learn more about what information we collect, the measures we put in place
Craven Park Stadium, Preston Road, Hull, East Yorkshire, England, HU9 5HE
Hull Kingston Rovers RLFC
9 Force Majeure
9.1 We shall not 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 our reasonable control
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.
9.2 If this means that you fail to receive a substantial element of the Services we may 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.
You agree to fully indemnify us, and/or any of our affiliates and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses,
including legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Site.
No waiver by us shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Terms.
If any of these Terms are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and the remainder
of these Terms shall continue to have full force and effect.
11.3 Applicable Law
These Terms shall be governed by, and construed exclusively in accordance with, English law. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the English courts
and, by using the Site, you hereby submit to and waive any objections to the jurisdiction of such courts.
11.4 Entire Agreement
These Terms together with the current prices for the Services and contact details on the Site, set out the whole of the agreement between you and us. The agreement between you and us cannot be changed
or terminated orally, and no changes or amendments to these Terms shall be binding upon the parties until confirmed in writing by us.
12 Technical Support
12.1 You can contact us whether to discuss technical problems or trace your subscription, or for any other reason related to the Services by emailing to us at the address below or going to the
Contact Us section. In all instances, please provide your customer ID and e-mail which we will require from you in order to identify your subscription together with full details of your issue.
12.2 You should notify us immediately if any of your details change by e-mail at email@example.com
12.3 Any notice given by us 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.