TERMS AND CONDITIONS

INTRODUCTION

            These terms and conditions shall apply to your use of our subscription service which offers access to a live stream of our PAOKTV television channel and a range of PAOK FC related content on-demand (together "Subscription Content") via certain official PAOK FC apps and websites. This service is referred to in these terms and conditions as "PAOKTV" (although it may not be known and marketed under this name in future).

                By purchasing a subscription to and/or accessing Subscription Content within PAOKTV, you agree to be bound by these terms and conditions which shall form a legal agreement between us and you, so please take time to read and understand them.

                These terms and conditions apply in addition to the Website Terms and Conditions of Use and the PAOK FC Apps Terms of Use (both of which also include our Privacy Policy), each of which may apply depending on how PAOK TV is accessed. You can find the Website Terms and Conditions of Use here, the PAOK FC Apps Terms of Use here and our Privacy Policy here.

                Where these terms and conditions are inconsistent with the Website Terms and Conditions of Use and the PAOK FC Apps Terms of Use, these terms and conditions shall prevail.

                You understand and agree that we may add to or change these terms and conditions at any time. New terms are effective immediately and your continued use of PAOK TV shall constitute on-going acceptance of these terms and conditions, as updated from time-to-time. We therefore recommend that you check these terms and conditions regularly.

                PAOKTV may be subject to territorial or time period restrictions. Your access to PAOKTV and/or Subscription Content within it may depend on your location. For example if you are accessing Subscription Content from a country other than the country in which your PAOKTV account is held, then certain Subscription Content may not be available to you. Your access to PAOKTV and/or Subscription Content within it may depend on certain time restrictions (for example, certain Subscription Content may only be available during or for certain events or tournaments including, for example, single football seasons).

 

1. Definitions      

In these terms and conditions, "we/us/our" means either DIMERA GROUPMΟΝ ΕΠΕ (a company registered in Greece under company number 122441704000 with its address at Mikras Asias 1, Thessaloniki) and VAT number GR 800435593 if the provided service is free or PAOK FC (a company registered in Greece under company number 122030904000 with its address at Mikras Asias 1, Thessaloniki) and VAT number GR 094066928 if the provided service is paid; and  "you/your" means, you, the subscriber to or user of PAOKTV.                

 

2. How do you sign up?

2.1 In order to access Subscription Content you may be asked to register and provide certain personal information such as, for example, your name and email address.

2.2 You may also be asked to select a user name and password for identification purposes. You must not use any user name that violates any provision of our Website Terms and Conditions of Use and/or the PAOK FC Apps Terms of Use.

2.3 You must be eighteen years of age or over to subscribe to PAOKTV.

2.4 You confirm that all information which you provide in connection with your account or registration is at all times true, accurate, current and complete. If we suspect or find out that any information is untrue, inaccurate, out-of-date or incomplete then we reserve the right to suspend or terminate your use of PAOK TV and/or access Subscription Content.

 

3. Integration with third party services

3.1 From time to time PAOKTV may integrate with other third party services or platforms, such as Facebook or Twitter. This may permit sign in via these services or other shared functionality.

3.2 These third party services or platforms will generally require you to have a separate account or registration with them. The terms on which those third party services or platforms engage with you, and share information or data with PAOKTV or us is specific case by case. You should make yourself aware of their own terms and conditions before you associate your activity on PAOKTV with those services or platforms.

                               

4. How much does it cost?

4.1 There is a subscription fee payable for the Subscription Period for which you sign up, unless we tell you otherwise, and for each Subscription Period after that until you cancel. The subscription fee for each Subscription Period will be notified to you when you sign up. A Subscription period may be from one isolated match until a certain period of time or number of matches.

4.2 Unless we tell you otherwise you will get access to PAOKTV straight away upon subscription. Your subscription may involve the provision of either a specific service (eg a football match) or, in general, access to the PAOKTV program (this function is not currently available; we reserve the right to make it available in the future). In the first case the subscription fee is formed freely by us. In the second case, your subscription may renew for consecutive Subscription Periods, provided you have paid the subscription fee in advance and you are otherwise acting in accordance with these terms and conditions. We may increase the subscription fee at any time. When we do so, we will aim to give you at least one month's notice. Any increase in the subscription fee will not apply to your current Subscription Period. If you do not agree to such increase, please cancel your subscription before your next Subscription Period is due to start as set out in section 44 below. 

4.3 Our prices include VAT and any other applicable sales tax.

4.4 If we offer any promotions or special offers at any time, these terms and conditions will be deemed amended to take into account the terms and conditions of that special offer.              

4.5 We use our best efforts to ensure that the price advised to you is correct. Where, in spite of this, prices are obviously displayed in error, or you could reasonably be expected to know such prices are incorrectly priced, we reserve the right to refuse or cancel your subscription provided we refund any incorrectly priced sums paid by you.

               

5. How is payment collected and PAOKTV return policy.

5.1 We will use a third party payment provider to collect subscription fees on our behalf (credit cards, debit cards, prepaid cards, paysafe cards, PAYPAL). We will let you know by announcement on the website who they are and they will ask you for the information they need to collect and process that subscription fee from you as part of the sign up process.

5.2 Your payment card will usually be debited on the day you sign up unless we tell you otherwise.

5.3 If your initial payment fails, you will not be given access to PAOKTV. If the initial payment is processed, but at any point any recurring payment fails, we or our third party payment provider will try to take payment from you again. If any subscription fee (or part of any subscription fee) remains outstanding, we may suspend your access to PAOKTV.

5.4 If you signed up for PAOKTV as part of a free trial, we or our third party payment provider will authorize future payments but no payment will be taken from your bank during the free trial period. It is possible that this may affect your available credit limit, however.

5.5 According to PAOKTV return policy, the subscription fee may be returned up to one hour before the start of the program providing that, due to our own fault, it is not possible to sign in to PAOKTV.

               

6. Access Changes             

From time to time, we may change the way in which we provide access to PAOKTV. We will try not to make changes that materially disadvantage you during the month for which you have already paid a subscription fee unless it is beyond our control, for example but without limitation, legal or regulatory reasons.

                               

7. How will we contact you?

If we need to contact you, we will usually do this electronically, using the email address you provided at the time you sign up. We will send emails where we need to notify you of changes to PAOKTV (including subscription fees) so please make sure you have provided accurate contact details and let us know if your email address changes.

               

8. How do you contact us if something is wrong?

You can contact us for any customer service reason at [email protected]

 

9. Competitions and prize promotions

From time to time, we (or selected third parties) may include competitions, prize promotions, draws or other offers within PAOKTV. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

               

10. Your use of PAOKTV

10.1 You acknowledge that PAOKTV and Subscription Content is owned by or licensed to us and all rights in and to PAOKTV and/or Subscription Content are reserved to us. You acknowledge that your rights to such content shall be limited to accessing such content, on a streaming only basis, for personal, non-commercial, use and in accordance with these terms and conditions.

10.2 Examples of things you do not have permission to do (or do not have permission to allow any other person to use your access to PAOKTV to do) include:  

(i) showing any Subscription Content in public, regardless of whether you charge an audience to watch it;

(ii) accessing PAOKTV and/or Subscription Content for any unlawful or improper purpose;            (iii) altering, disassembling, decompiling or reverse engineering any part of PAOKTV; and    (iv) copying, renting, selling, reproducing, broadcasting or otherwise transmitting or making available to the public PAOKTV and/or Subscription Content (or any part of it) except, in the very specific, limited, circumstances, where you are legally entitled to do so.

10.3 You further acknowledge that all rights to use PAOKTV and/or access Subscription Content are granted subject to and conditional upon the rules, regulations and/or requirements of: (i) any league, organization or competition of which PAOK FC is a member or participant from time to time; and/or (ii) any governing body or other organization or body which oversees any league, organization or competition of which PAOK FC is a member or participant from time to time. We may make changes to PAOKTV and/or Subscription Content as a result of such rules, regulations and/or requirements.

10.4 When accessing and using Subscription Content you shall comply with all applicable laws and regulations in the country from which you access Subscription Content. You must also follow our reasonable instructions and requirements in relation to how you use PAOKTV and Subscription Content.

                               

11. Information and updates

We reserve the right to change: (i) the presentation, features, functionality and/or content of PAOKTV; and (ii) any third party that we engage to provide any aspect of PAOKTV to you, provided that any such change of third party shall not adversely impact you and/or the continued provision of PAOKTV to you. In order to keep PAOKTV up-to-date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.

 

12. How can you access PAOKTV?

We continually review the technology used to deliver Subscription Content and this may mean that we stop supporting certain devices and/or operating systems. It is your responsibility to ensure that you have a compatible browser and/or device required to access PAOKTV.

 

13. Security

13.1 You are responsible for keeping your subscription password secure and confidential. You may reset your password at any time by clicking on the 'forgot password' link via the login section of PAOKTV. Should you become aware that another person knows your password (or any other security breach) you should notify us and change your password immediately.

13.2 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these terms and conditions. PAOKTV is to be used by only one individual per username.

                               

14. How may my access to PAOKTV be terminated?

14.1 In addition to any rights we have to suspend your access to PAOKTV in these terms and conditions, we shall be entitled to terminate your access to PAOKTV immediately at any time, on notice and without refunding your current subscription fee, should: (a) you be in breach of these terms and conditions or the Website Terms and Conditions of Use and/or PAOK FC Apps Terms of Use (although where the breach is capable of remedy (other than late payment) we will first give you the opportunity to remedy the breach, usually within seven days); (b) we reasonably believe you have committed fraudulent activity against us or any third party through your use of PAOKTV or Subscription Content; or (c) the subscription fee (or part of it) remains outstanding for more than seven days from the due date (other than because of a fault of ours or our third party payment provider).

14.2 We shall also be entitled to terminate your access to PAOKTV immediately at any time, giving you as much notice as possible: (a) should we be forced to for technical or operational reasons beyond our control; or (b) if we decide, at our discretion, to stop providing PAOKTV in your country of residence. Should we terminate your agreement with us in these circumstances after you have paid a subscription fee to access PAOKTV, we shall refund that proportion of any subscription fee relating to any time during the Subscription Period that you have paid for but during which you have not received access to PAOKTV.

               

15. Your indemnity to us

You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as our partners, licensors and suppliers from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

                (i) any misrepresentation, act or omission made by you in connection with your use of PAOKTV;  

                (ii) any non-compliance by you with these terms and conditions; or

                (iii) claims brought by third parties arising from or related to your access or use of PAOKTV or Subscription Content.

                               

16. Our liability to you    

16.1 To the maximum extent permitted by applicable law, you expressly agree that your use of PAOKTV is at your own risk. PAOKTV (including for the avoidance of doubt, Subscription Content) is provided on an "as is" and "as available" basis for your use, and to the extent permitted by applicable law, we hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by PAOKTV.

16.2 To the maximum extent permitted by applicable law, we do not represent or warrant that access to PAOKTV will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted via PAOKTV. We do not guarantee that you will be able to access or use PAOKTV at times or locations of your choosing, or that we will have adequate capacity for PAOKTV as a whole or in any specific geographic area.

16.3 To the maximum extent permitted by applicable law, we exclude all liability for any amount or kind of loss or damage and any direct, indirect, special, consequential or punitive damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption arising from your use of PAOKTV, Subscription Content or for any other claim related in any way to your use of PAOKTV or Subscription Content, including for viruses alleged to have been obtained from PAOKTV or Subscription Content, your use of or reliance on PAOKTV or any of the information or materials available on PAOKTV, and whether in tort (including without limitation negligence), contract or otherwise, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

16.4 To the extent there is any liability on us, (except as permitted by applicable law) this shall be limited in aggregate to the amount paid by you to us for your subscription to PAOKTV and/or for your access to Subscription Content that directly gave rise to the relevant claim. If you have not paid any amounts to us in connection with PAOKTV and/or Subscription Content, you acknowledge that your sole and exclusive remedy in respect of such claim is to cease using PAOKTV and/or accessing Subscription Content. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit out liability as set out in these terms and conditions, the scope of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

16.5 Nothing in these terms and conditions in any way limits our liability:

                (i) for death or personal injury caused by our negligence;

                (ii) for fraud or fraudulent misrepresentation; or

                (iii) for any matter for which it would be illegal for us to exclude, or attempt to exclude.

16.6 PAOKTV may include links to websites and resources operated by third parties including advertisers and other content providers. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Those sites and resources may collect data or solicit personal information from you. We are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites or resources may collect. Linking to any other service, website or resource from PAOKTV is at your own risk.

16.7 If our performance of these terms and conditions is prevented or delayed in a material way by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of occurrence. Provided we do this we will not be liable for prevention or delays caused by the event but, if there is a risk of substantial prevention or delay and you have purchased a subscription which you have not received, you may contact us to end the contract for such subscription and receive a pro-rata refund for the same.

                               

17. Further legal information

17.1 As mentioned, some of the provisions contained in these terms and conditions may be varied or we may post, from time to time, additional terms and conditions that apply to specific parts of PAOKTV, which may supersede these terms and conditions. Such additional terms and conditions will be notified to you either by way of an update to these terms and conditions or in the relevant parts of PAOKTV. Your use of those parts of PAOKTV constitutes your agreement to those additional terms and conditions.

17.2 If any part of these terms and conditions are found unlawful or unenforceable, they will be deemed deleted. Nothing shall affect the validity of the rest of the terms and conditions they will continue to apply to you.

17.3 This agreement between you and us is personal to you and no third party is entitled to benefit from it.

17.4 These terms and conditions are for our benefit and for the benefit of our group companies, each of which shall have the benefit of and shall be entitled to enforce these terms and conditions. Our group companies shall not be considered to be third parties for the purposes of these terms and, subject to references to "we", "us", "our" etc. in these terms and conditions are deemed to include our group companies. However: (i) DIMERA GROUP MΟΝ ΕΠΕ or PAOK FC does not need the consent of any of its group companies to vary these terms and conditions; (ii) any notices to be provided to DIMERA GROUP MΟΝ ΕΠΕ of PAOK FC under these terms and conditions are not required to be issued to our group companies as well; and (iii) you may only enforce these terms against DIMERA GROUP MΟΝΕΠΕ or PAOK FC (and not against any of our group companies).

17.5 We are free to transfer our rights and obligations under these terms and conditions to any company or person. You must not transfer any of your rights or obligations to anyone else.

17.6 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Greek law.

17.7 You accept the jurisdiction of the courts of Thessaloniki, Greece, over any proceedings arising from, or related to, these terms and conditions, such that any proceedings by you and/or against us shall only be brought in the courts of Thessaloniki, Greece, (and, to the extent permitted by law, you agree not to argue that the courts of Thessaloniki, Greece, are not an appropriate forum to hear and determine such claim). Notwithstanding the foregoing, (i) nothing in these terms and conditions will prevent us from taking proceedings against you in any other court of competent jurisdiction; and (ii) the taking of proceedings by us in any one or more jurisdictions will not preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.