GAAGO Terms & Conditions

GAAGO SUBSCRIPTION AGREEMENT AND TERMS AND CONDITIONS OF USE

 

1. Introduction

 

1.1

 

(a) GAAGO is a service brought to you by GAAGO Media (“GAAGO Media”) of Donnybrook, Dublin 4, Ireland in association with our shareholders, Raidió Teilifís Éireann (“RTÉ”) and the Gaelic Athletic Association (“GAA”).

 

(b) When we say “GAAGO Media” “we”, “our” or similar, we mean GAAGO Media.

 

(c) When we say “you”, we mean:

 

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

 

(d) “App Providers” means Apple, Roku and Google Play (and each an “App Provider”).

 

1.2

 

(a) By subscribing for, accessing or using content on the GAAGO website (including all sub-sites and micro-sites controlled by GAAGO) (the “Site”), and/or the GAAGO Roku App which is available on the Roku Platform, and/or GAAGO iOS App which is available using your Apple account, and the GAAGO Android App which is available using your Google Play account (collectively the "GAAGO Apps"), you are entering into a contract with GAAGO Media 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 GAAGO Apps.

 

(b) By subscribing for, accessing or using content on the GAAGO Apps you:

 

(i) are entering into a contract with GAAGO Media; 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.

 

2. The GAAGO Service

 

2.1

 

The GAAGO service comprises the provision of online access to various types of content relating to the GAA Championship and League competitions and such other various types of content relating to the GAA as GAAGO Media 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 GAA fans (“Content”). While some Content is available in all countries without the requirement to pay a subscription fee, the availability of certain premium Content, to include but not limited to a 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 “GAAGO Service”.

 

2.2

 

These Terms do not authorise you to receive any other pay-per-view or other services of any kind from GAAGO Media, RTÉ or the GAA.

 

3. Availability of Game Content

 

3.1

 

Any specific geographical or cost conditions associated with particular Premium Content are specified on the GAAGO access points, for example the Site and/or the GAAGO Apps. If you choose to subscribe for Premium Content, you are responsible for paying the associated charges and for understanding any geographical restrictions associated with the Premium Content. Access to GAAGO is based on the location of the viewer. Therefore, if you are not located in the appropriate country to receive the particular GAAGO Service, the GAAGO Service will not be available to you, even if you have paid for it.

 

3.2

 

If you choose to purchase any Premium Content, you are representing and warranting to GAAGO Media that:

 

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

 

3.3 Deferred/On Demand Content

 

GAAGO recognise that throw-in times for matches in Ireland are not always practical for viewers abroad. Accordingly, 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 GAAGO Apps.

 

3.4

 

GAAGO Media shall use commercially reasonable endeavours to make the Site and the GAAGO Apps (subject to the provision of the applicable App Provider''s services) available continuously. However, we do not warrant that the Site or the GAAGO 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 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.

 

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 (unless activating a gift pass) credit/debit card information. 

 

4.2

 

Once your payment is processed by either GAAGO Media or the applicable 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) GAAGO 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 (or activate a gift for) Premium Content on the Site and/or the GAAGO 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 GAAGO Service works on the Site through the web browser on your internet compatible device, or via the relevant GAAGO App on compatible devices.
(d) Viewing Content on the Site and/or the GAAGO Apps will count towards any mobile data allowance or broadband usage limits that apply to your mobile or broadband service.

 

5.2 The GAAGO Apps

 

(a) The GAAGO 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 requierments of such App Providers. GAAGO Media reserves the right to limit, in its sole discretion, the provision of the GAAGO Apps to particular devices or geographic areas.
(b) You are responsible for installing updates to the GAAGO 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 GAAGO 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 “pay” Content is limited to the time on which that Content is made available for viewing (see paragraph 3.3 and 3.4 above).

 

6.2

 

Your access to the GAAGO Service or any Content thereon may be terminated by us if you act in breach of these Terms 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.

 

7. Your Right of Cancellation

 

7.1

 

No right of cancellation exists in relation to the purchase of Premium Content where the Content in question has been made available to you with your consent prior to the 14 day cancellation period set out in the EU (Consumer Information, Cancellation and Other Rights) Regulations 2013 (“Regulations”). Therefore, where you purchase a game less than 14 days before the “live” commencement of the game and if you fail to activate the option to view the game within 24 hours of live commencement, you are not entitled to a refund of your purchase price.

 

7.2

 

You may avail of a right of cancellation and refund under the Regulations:

 

(a) if you make a purchase of Premium Content greater than 14 days prior to the commencement of the first service under that purchase, or
(b) if you purchased a game after the “live” commencement. Refunds for games purchased after the “live” commencement are granted only after reviewing the case in question and are at our discretion.

 

7.3

 

To exercise your right of cancellation you must email 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.

 

7.4

 

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

 

7.5

 

For the avoidance of doubt, the rights of non-residential customers are governed by the Premium Sports Terms & Conditions as agreed between the customer and Premium Sports. The preceding sub-clauses of this Clause 7 apply to residential customers only.

 

8. Intellectual Property Licence

 

8.1

 

All Content and other materials incorporated in or accessible through the Site, and/or the GAAGO 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 GAAGO Media or the GAA, 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 GAAGO Apps in the ordinary course and subject to the restrictions and conditions set out in these Terms and if applicable, the Roku Rules. 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, GAAGO Media grants to you 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 (except as provided for under clause 8.4) and expires once the Premium Content is removed from the Site and/or the GAAGO Apps by GAAGO Media. 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

 

“GAAGO” is a trade mark of GAA. The trade mark or any other trade mark (registered or unregistered) of RTÉ, the GAA and GAAGO Media may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RTÉ, the GAA, GAAGO Media or any other party.

 

8.4: NON-RESIDENTIAL CUSTOMERS

 

Commercial venues and other non-residential customers may be granted a licence for public, commercial display of GAAGO Premium Content. Commercial licences are granted at the sole discretion of GAAGO, may be refused or revoked (including refunds where applicable) at any time, and are subject to purchase of the appropriate pass(es) for the relevant premises.

 

In the United States of America and Canada, commercial licences are administered in conjunction with Premium Sports, and prospective customers should contact GAAGO or Premium Sports to discuss usage. Outside of the United States of America and Canada, commercial venues and other non-residential customers may purchase the appropriate access via the Site. Please contact GAAGO for further information.

 

9. Charges and applicable tax

 

9.1

 

When you purchase from GAAGO Media: Charges quoted on the Site are in Euro outside of the U.S.A and in US dollar within the U.S.A, and are inclusive of VAT. Outside of the U.S.A, if you choose to pay using a currency other then Euro, you bear any exchange rate risk and will be charged an additional currency conversion processing fee. In the U.S.A if you choose to pay using a currency other than that which applies to your credit card you bear any exchange rate risk.

 

9.2

 

To make a purchase of Premium Content from GAAGO Media, you are required to provide payment card (“Payment Card”) details, and by completing the purchase you are warranting and representing to GAAGO Media 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 you are irrevocably authorising GAAGO Media, through its contracted third party payment process agents, to deduct the charges against the relevant card.

 

9.3

 

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

 

9.4: Automatic Renewal of Premium Content

 

Purchase of some Premium Content from GAAGO Media will be automatically renewed and billed on a monthly or annual basis to your Payment Card at a date(s) notified to you by GAAGO (“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.

 

9.5: Purchase of Premium Content by Instalments

 

Some Premium Content may be purchased either (a) in one payment or (b) by instalments. All costs associated with the Premium Content including the instalment payment option and the timing of such instalment payments are specified on the Site at the point of purchase, and will be available for you to view in your account. By purchasing Premium Content by Instalments, you agree to pay all instalments that fall due within the contract period as specified at the of purchase, and acknowledge that your access to Premium Content will be discontinued if an instalment payment is missed.

 

Premium Content purchased by instalments from GAAGO Media may be automatically renewed at the end of the contract period, and billed on a monthly or annual basis to your Payment Card at a date(s) notified to you by GAAGO (“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.

 

9.6

 

Premium Content is non-refundable 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.

 

9.7

 

The prices quoted on the GAAGO website and/or in the GAAGO 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 our pricing for other services or to increase the price at the point of renewal. You will have a choice at that point whether or not you wish to pay the revised charges.

 

9.8

 

GAAGO reserves the right to refuse any purchase request for Premium Content for any reason. Orders may be delayed or cancelled if GAAGO 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

 

Except as provided for by clause 8.4 above, you may not use the GAAGO Service or any part of it other than to view the Content on the Site and/or the GAAGO Apps for private, non-commercial purposes.

 

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 GAAGO Service; or
(c) access all or any part of the Content in order to build a product or service which competes with the GAAGO Service; or
(d) use the Site or the GAAGO Apps or the GAAGO 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, except as provided for by clause 8.4 above, 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 GAAGO Media.

 

10.3

 

You agree not to use the Site and/or the GAAGO Apps or cause or permit the Site or the GAAGO Apps to be used:

 

(a) so as to jeopardise or prejudice the operation, quality or integrity of the Site and/or the GAAGO Apps, or the operation, quality or integrity of any telecommunications network;
(b) for any commercial purpose, except as provided for by clause 8.4 above, including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site and/or the GAAGO 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;
(f) contrary to the terms and conditions of any Internet Service Provider whose services you may use.

 

11. Liability

 

11.1

 

The Site and/or the GAAGO Apps are provided by GAAGO Media on an “as is” basis. To the fullest extent permitted by applicable law, GAAGO Media disclaims 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 GAAGO Media, the GAA, 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 GAAGO 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 GAAGO Apps or the servers that make the Site and/or the GAAGO 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. GAAGO Media reserves the right to limit, in its 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 is void where prohibited.

 

11.4

 

Not all content is available on the GAAGO Apps. GAAGO Media reserves the right to limit at its sole discretion, the provision and quantity of any content available on the GAAGO Apps to any person or geographic area it so desires. Any offer for any Product or Service made in or through the GAAGO Apps is void where prohibited.

 

11.5

 

You expressly understand and agree that (to the fullest extent permitted by law) GAAGO Media, the GAA, 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 GAAGO Media 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 GAAGO Media for:

 

(a) death or personal injury caused by GAAGO Media’s negligence; or
(b) for fraud or fraudulent misrepresentation.

 

11.8

 

The above exclusions and disclaimers apply to the fullest extent permitted by law.

 

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 GAAGO of the content on such third party websites. Neither GAAGO Media nor the GAA is responsible for the content of linked third party sites, and we 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 of such third party sites.

 

12.2

 

GAAGO 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

 

GAAGO Media reserves the right to transfer our 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 4.3.

 

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

 

GAAGO Media 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 GAAGO 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, 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

 

GAAGO Media reserves the right to amend these Terms from time to time and any material changes to these Terms will be notified to you by email or at the time you make your next purchase of Premium Content.

 

13.7

 

These Terms (including the Privacy Policy) constitute the entire agreement between GAAGO Media and you with respect to your access to and use of the Site, the GAAGO 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 (including the Privacy Policy) and the applicable terms and conditions of any App Provider, the Terms (including the Privacy Policy) shall take precedence.

 

13.9

 

The Site and the GAAGO Apps have been created and are controlled by GAAGO Media 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 exclusive jurisdiction of the Irish courts.

 

13.10: PREMIUM SPORTS TERMS FOR NON-RESIDENTIAL CUSTOMERS

 

For non-residential customers (as provided for in clause 8.4) only: if there is any conflict between the Terms (including the Privacy Policy) and the applicable terms and conditions of Premium Sports, the Premium Sports terms shall take precedence.

 

Contact Details

 

GAAGO Media
Donnybrook
Dublin 4
Ireland.

 

Email: [email protected]

 

This Subscription Agreement is published by GAAGO Media and was last updated on 6 April 2023.