GAAGO SUBSCRIPTION AGREEMENT AND TERMS AND CONDITIONS OF USEIntroduction
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, such as a live or deferred match broadcast or an “Annual Pass” or an “Annual Pass GB” (“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”.
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
Any specific geographical or cost conditions associated with particular Premium Content or package of content (e.g. Annual Pass, Annual Pass GB, Individual Games etc) are specified on the GAAGO access points, for example the Site and/or the App. 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.
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 App only, you will also comply with any terms, rules or policies applied by Roku.
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 App.
GAAGO Media shall use commercially reasonable endeavours to make the Site and the App (subject to the provision of Roku’s service) available continuously. However, we do not warrant that the Site or the App 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 an Annual Pass or Annual Pass GB, any refunds will be applied on a pro-rata basis.
4. Your Account Information
Your account data will be retained until you request your account to be closed.
When you wish to view Premium Content through the App in accordance with the Roku Rules
(a) your personal data will not be processed by GAAGO Media, and;
(c) your personal data will be shared with our partners and sub-contractors for the purpose of providing services to you and for no other reason.
Once your payment is processed by either GAAGO Media or Roku, 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, such as Chrome, Mozilla Firefox, Safari etc.
(b) Once you purchase Premium Content on the Site and/or App 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 your web browser so you do not need to download an app. If you are located in the US you may view game content through the App which may be available on the Roku platform only.
(d) Viewing Content on the Site and/or App will count towards any mobile data allowance or broadband usage limits that apply to your mobile or broadband service.
5.2 - App
(a) If you are located in the USA, you may view game content on the App which you may access on Roku.
(b) You can install and use the App (including updates to it) using Roku devices that are authorised by Roku only (“Roku Devices”). It is possible that depending on your Roku Device, some features of the App may not work on it.
(c) To install the App you must comply with the requirements of Roku.
(d) You must own or control the Roku Devices you use in order to install and use the App. If you control, but do not own the Roku Device, you must have obtained sufficient rights from the owner to install and use the App on it.
(e) You are responsible for installing updates to the App as soon as we make them available. If you don’t do so, this will impact on your ability to use the App, as well as its functionality and security.
6. Term and Termination
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).
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
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.
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.
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.
If you purchase Premium Content from Roku, the Roku Terms and Conditions apply.8. Intellectual Property Licence
All Content and other materials incorporated in or accessible through the Site, and/or the App 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 App 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.
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 and expires once the Premium Content is removed from the Site and/or the App 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 4.3 above.
“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.9. Charges and applicable tax
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.
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.
When you purchase within the App directly through Roku, your purchase is made in accordance with the Roku Rules. Roku prices are quoted in Dollars exclusive of applicable sales tax.
Automatic Renewal of an Annual Pass or Annual Pass GB: Purchase of an Annual Pass or Annual Pass GB from GAAGO Media will be automatically renewed and billed on an 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 of purchase of a Annual Pass or Annual Pass GB.
Purchase of an Annual Pass by Instalments: An Annual Pass (but excluding the Annual Pass GB) may be purchased either (a) in one payment or (b) by instalments. All costs associated with the Annual Pass including the instalment payment option are specified on the Site. The timing of instalment payments is also specified on the Site at the point of purchase and will be available for you to view in your account.
Purchase of an Annual Pass by instalments from GAAGO Media will be automatically renewed and billed on an 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 of purchase of an Annual Pass by instalments.
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.
The prices quoted on the GAAGO website and/or in the App 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.
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. Our Partners and Sub-Contractors
When you purchase Premium Content through GAAGO Media, we currently use Stripe Payments Europe, Limited as our payment service provider. Stripe’s parent company is based in the United States. Any data that is transferred to them shall be transferred in accordance with all applicable data protection law.
When you purchase Premium Content through Roku (which is based in the USA), your purchase is subject to the Roku Rules and you are providing your personal data to a company based outside of the EEA.
GAAGO Media engages other contractors to enable the provision of the GAAGO Services, including streaming technology providers and app developers.
Data transferred to non-approved countries will only be transferred to companies with Privacy Shield Certification.
11. Unauthorised Use
You may not use the GAAGO Service or any part of it other than to view the Content on the Site and/or the App for private for non-commercial purposes.
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 App 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, 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.
You agree not to use the Site and/or the App or cause or permit the Site to be used:
(a) so as to jeopardise or prejudice the operation, quality or integrity of the Site and/or the App, or the operation, quality or integrity of any telecommunications network;
(b) for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site and/or the App 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 platform provider such as, Roku;
(f) contrary to the terms and conditions of any Internet Service Provider whose services you may use.
The Site and/or the App is 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.
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 App 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 App or the servers that make the Site and/or the App available are free of viruses or other harmful components.
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.
The App currently is accessible in the USA only. However, not all content is available on the App. GAAGO Media reserves the right to limit at its sole discretion, the provision and quantity of any content available on the App to any person or geographic area it so desires. Any offer for any Product or Service made in or through the App is void where prohibited.
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.
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.
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.
The above exclusions and disclaimers apply to the fullest extent permitted by law.
13. Links to Third Party Sites
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.
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.
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.
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.
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).
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.
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.
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.
The Site has been created and is controlled by GAAGO Media in Ireland. These Terms will be governed by, and construed and enforced in accordance with, the laws of the Ireland. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Irish courts.
This Subscription Agreement is published by GAAGO Media and was last updated on 2nd May 2018.