TERMS AND CONDITIONS

PAOKTV TERMS OF USE
The terms of use were updated on: 31/07/2018

1.    INTRODUCTION

1.1.    These terms and conditions apply to your use of our subscription service, which offers access to the live broadcast of our television channel, PAOKTV, and to a broad range of content, at the order of PAOK FC (both hereinafter referred to as “Subscription content”) through certain official applications and websites of PAOK FC. The service in question is referred to herein as “PAOKTV’ (although it might not be known as marketed under that name in the future).

1.2.    Upon purchasing a subscription and/or accessing the content of PAOKTV, you declare and accept being bound by these terms and conditions, which constitute the legal agreement between us. Therefore, please dedicate some time to read and understand them.

1.3.    These terms and conditions apply in addition to the Website Terms and Conditions of Use. Where these terms and conditions are inconsistent with the Website Terms and Conditions of Use, these terms and conditions shall prevail.

1.4.    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 PAOKTV 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.

1.5.    PAOKTV may be subject to territorial or temporal restrictions. Your access to PAOKTV and/or its subscription content may depend on your location. For example, if you access the subscription Content from a country other than that where your PAOKTV account is kept, the specific subscription Content may not be available to you. Your access to PAOKTV and/or its subscription Content may depend on certain temporal limitations (e.g. specific subscription Content may be available only during or for specific events or tournaments, including, for example, single football seasons).

1.6.    In these terms of use, "we/us/our" means DIMERA GROUP SINGLE-PERSON LLC (a company seated in Greece at 1, Mikras Asias Street, Thessaloniki, GCR No 122441704000), TRN 800435593, provided the service is provided free of charge, and the company PAOK FC (at 1, Mikras Asias Street, Thessaloniki, GCR No 122030904000), TRN 094066928, and “you/your/yours” means you, the subscriber or user of PAOKTV.

2.    PAOKTV REGISTRATION

2.1.    In order to obtain access to the subscription Content, you may be required to register and provide certain personal details, such as your name and e-mail address. For further information, please consult the Personal Data Protection Policy that constitutes an integral part hereof.

2.2.    You may also be requested to select a username and password for identification purposes. You must not use any other username that violates any provision of the Website Terms and Conditions of Use.

2.3.    You must be eighteen years or older in order to become a PAOK TV subscriber.

2.4.    You must confirm that all the information you provide concerning your account or registration is always true, accurate, current and complete. Should we find that any information is untrue, inaccurate, invalid or incomplete, we reserve the right to suspend or terminate the use of PAOK TV on your part and/or your access to the subscription Content.

3.    THIRD PARTY SERVICES

3.1.    At times, PAOKTV may be incorporated in other services or platforms of third parties, such as Facebook and Twitter. This may allow connection through these services or other joint functions.

3.2.    These third-party services or platforms generally require you keep a separate account or that you register with them. The terms of your cooperation with third-party services or platforms and the joint use of information or data with the PAOKTV channel or us are specific as the case may be. You must consult these terms and conditions before connecting your activity on PAOKTV to these services or platforms.

4.    COST

4.1.    There is a subscription fee payable for each subscription Period for which you have registered, unless set out otherwise, and for each subsequent subscription Period until your cancel your subscription. The subscription fee for each subscription Period will be communicated to you upon registration. A registration period may include anything from a single match to a certain period of time or a number of matches.

4.2.    Your access to PAOKTV begins immediately after your subscription begins, unless otherwise set out. Your subscription may concern access either to a specific service (e.g. one football match) or general access to the PAOKTV programme (this function is not currently available and we intend to make it available to you in the future). In the former case, we shall freely set the subscription fee. In the latter case, your subscription may be renewed for successive subscription Period, on the condition that you have paid the subscription fee in advance and are complying with these terms and conditions. We may increase the subscription fee at any time. When we do so, we will try to notify you at least one month in advance. Any increase to the subscription fee shall not apply to the current subscription period. If you do not agree with this increase, please cancel your subscription before the next subscription Period commences, as set out in paragraph 44 below.

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

4.4.    In the event that we carry out any promotional actions or special offers at any time, these terms and conditions will be considered to have been amended so as to include the terms and conditions of that special offer.

4.5.    We make every possible effort to ensure that the price communicated to you is correct. Nevertheless, where prices are clearly incorrect or you could reasonably expect these prices to be incorrect, we reserve the right to refuse or cancel your subscription, on the condition that we return any incorrect amounts you have already paid.

5.    PAYMENT AND PRICE REFUND POLICY

5.1.    We will use a third-party payment service provider to collect subscription fees on our account (credit cards, debit cards, pre-paid cards, Paysafe cards, PayPal). We will notify you (via an announcement on the website) of these providers, who will request the information required to collect the subscription fee and process your subscription as part of the registration process.

5.2.    Your payment card is usually charged on the day you register, unless otherwise set out.

5.3.    If your initial payment fails, you will not be granted access to the PAOKTV channel. If your initial payment is pending but any repeated payment fails at any time, we or the third-party payment provider will try to collect your payment anew. If any subscription fee (or part of the subscription fee) remains pending, we may suspend your access to the PAOKTV channel.

5.4.    If you have registered with the PAOKTV channel as part of a free trial, we or our third-party payment provider will return future payments, but no payment will be collected from your bank during the free trial period. However, this may affect your credit limit available.

5.5.    According to the PAOKTV price refund policy, the subscription price is returned up to one hour prior to the commencement of the programme if we are at fault for your failure to connect to PAOKTV.

6.    ACCESS CHANGE

6.1.    At times, we may change the way access to the PAOKTV channel is provided. We will try to refrain from changes that cause material difficulty during the month for which you have already paid the subscription fee, unless this is beyond our control, e.g. for legal or regulatory reasons.

7.    CONTACT

7.1.    If we need to contact you, we will usually do so electronically, using the e-mail address you provided at the time of registration. We will send you e-mail messages if we need to notify you of changes to the PAOKTV channel (including the subscription fee), therefore please make certain that you have provided accurate contact details and notify us if there is any change to your e-mail address.

7.2.    If any problem arises, please contact our customer service department for any such reason at  [email protected]

8.    CONTEST ORGANISATION AND PRIZE PRESENTATION

8.1.    At times, we (or select third parties) may include contests, prizes presentations, gift lotteries or other offers in the context of the PAOKTV channel. Any such offer is subject to its own terms that are expressly set out, and may not be available in every country.

9.    USE OF PAOKTV

9.1.    You hereby acknowledge that the PAOKTV channel and the subscription Content belong to us or have been licensed to us, and that we exclusively reserve all rights over and to the PAOKTV channel and/or the subscription Content. You also acknowledge that your rights to such content are limited to access thereto in continuous transmission solely for personal, non-commercial use and in accordance with these terms and conditions.

9.2.    The following are examples of actions you do not have licence to take (or licence to allow any other person to use your access to the PAOKTV channel):  

9.2.1.    showing any subscription Content in public, irrespective of whether or not you are charging the audience to watch it;

9.2.2.    accessing the PAOKTV channel and/or the subscription Content for any illegal or illicit purpose;

9.2.3.    amending, disassembling, decompiling and reverse engineering any part of the PAOKTV channel; and

9.2.4.    copying, renting, selling, reproducing, broadcasting or transmitting or otherwise making available to the public the PAOKTV channel and/or subscription Content (or any part thereof) except for the very specific and limited cases where you have the legal right to do so.

9.3.    Furthermore, you acknowledge that all rights of use of PAOKTV and/or access to the subscription Content are provided on the condition and under the terms of the rules, regulations and/or requirements: (i) of any championship, organisation or contest in which PAOK FC is a member or is participating from time to time, and/or (ii) of any administrative body or other organisation or agency supervising any championship, organisation or contest in which PAOK FC is a member or is participating from time to time. We may effect changes to the PAOKTV channel and/or the subscription Content as a result of such rules, regulations and/or requirements.

9.4.    When accessing and using the subscription Content, you shall comply with all the applicable laws and regulations of the country where you are accessing the subscription Content. You must also follow any reasonable instructions and requirements concerning the manner in which you use the PAOKTV channel and the subscription Content.

9.5.    We are continuously upgrading the technology used to provide the subscription Content, and this means that we may cease to support certain devices and/or operating systems. You are responsible for ensuring that you use compatible browsing software and/or a device necessary to access PAOKTV.

10.    INFORMATION

10.1.    We reserve the right to change: (i) the appearance, characteristics, functionality and/or content of the PAOKTV channel; and (ii) any third party that we undertake the commitment to provide any aspect of PAOKTV to you, on the condition that any such change to a third party will not adversely affect you and/or the continued provision of PAOKTV to you. In order to keep PAOKTV up to date, we may carry out automatic or non-automatic notifications at any time, without notice. If we choose to provide maintenance or support of any type, we may be required to suspend maintenance or support at any time, without notice.

11.    SECURITY

11.1.    You are responsible for ensuring the security and confidentiality of your password. You can reset your password at any time by clicking on “I forgot my password” at the PAOKTV log-in section. Should you find that anyone else is aware of your password (or that any other security violation has occurred), you must notify us and change your password immediately.

11.2.    We shall bear no liability for any losses or damage deriving from the disclosure of your password in breach of these terms and conditions. PAOKTV must only be used by one person per username.

12.    TERMINATION OF ACCESS TO PAOKTV

12.1.    Aside from other rights, we reserve the right to suspend your access to PAOKTV under these terms and conditions and to immediately terminated your access to PAOKTV at any time, following notice and without refunding your current subscription fee, in the event that: (a) you infringe these Terms and Conditions or the Website Terms of Use and/or the Terms of Use of the PAOK FC applications (although the infringement may be remedied (except delayed payment, we will first give you the opportunity to remedy the infringement usually within seven days); (b) we reasonably believe you have carried out malicious activities against us or a third party by using PAOKTV or the subscription Content; or (c) the subscription fee (or part thereof) remains pending for more than seven days after the expiry date (except in the event of an error on our part or on the part of the third-party payment service provider).

12.2.    We also have the right to immediately suspend your access to PAOKTV at any time, notifying you as soon as possible: (a) if we are forced to do so due to technical or operational reasons beyond our control; or (b) if we decide, at our discretion, to cease providing PAOKTV in your country of residence.

12.3.    If we terminate our agreement under these conditions after you have paid the subscription fee for accessing PAOKTV, we will refund the percentage of each subscription fee concerning any time period during the subscription Period for which you have paid but during which you did not access PAOKTV.

13.    INDEMNITY AND LIABILITY

13.1.    You hereby agree to indemnity both our affiliated businesses and our corresponding managers, executives employees and representatives, as well as our associates, beneficiaries and suppliers from and against any claims, actions, counter-actions or proceedings and any losses, obligations, damages, costs and expenditures (including reasonable court costs) deriving from:

13.1.1.    any falsification, misleading act or omission on your part in relation to use of PAOKTV;

13.1.2.    any non-compliance on your part with these terms and conditions; or

13.1.3.    allegations by third parties deriving from or relating to your access or use of PAOKTV or the subscription Content.

13.2.    To the maximum extent permitted by the applicable law, you expressly agree that use of PAOK on your part shall take place at your own responsibility. PAOKTV (including, for the avoidance of any doubt, the subscription Content) is provided “as is” and “as available” to be used by you and, to the extent permitted by the applicable law, we hereby expressly relinquish any tacit or explicit guarantee, including indicative guarantees of accuracy, reliability, title, marketability, non-infringement, suitable for any specific purpose or any other guarantee, term, assurance or representation, whether verbal or written or electronic, including but not limited to the accuracy or completeness of any information included in or provided by PAOKTV.

13.3.    To the maximum extent permitted by the applicable law, we do not declare or guarantee that access to PAOKTV will be unhindered or that there will be no failures, errors or omissions or loss of information transmitted or that viruses will not be transmitted via PAOKTV. We do not guarantee that you will be able to access or use PAOKTV at times and locations of your choice or that we have sufficient capacity for PAOKTV in its entirety or in any specific geographical location.

13.4.    To the maximum extent permitted by the applicable law, we preclude any liability for any amount or type of damage or any direct, indirect, special, ancillary or punitive damages or any loss of income, profit, goodwill, data, contracts, use of monies or loss or damage deriving from or related in any manner to the suspension of business activities deriving from use of PAOKTV, the subscription Content or any other claim related in any manner to use of PAOKTV or the subscription Content, included viruses you allege were transmitted due to use of PAOKTV or the subscription Content, your use of or dependence on PAOKTV or any information or material provided through PAOKTV, whether tort (including but not limited to negligence), contract or other type, irrespective of the type of claim or the nature of the cause of the action, even if you have been notified of the possibility of such damage.

13.5.    To the extent that we bear any liability (unless permitted by the applicable law), this is limited in total to the sum that you paid for your registration with PAOKTV and/or your access to the subscription Content that directly led to the claim in question. If you have not paid any sums to us in relation to PAOKTV and/or the subscription Content, you hereby acknowledge that your sole and exclusive indemnity in relation to this claim is the cessation of use of PAOKTV and/or access to the subscription Content. To the extent that, under the applicable law, we cannot relinquish any guarantee or limit any liability, as set out herein, the scope of this guarantee and the extent of our liability shall be the minimum permitted by the applicable law.

13.6.    No part of these terms and conditions limits our liability in any manner:

13.6.1.    for death or bodily injury caused due to negligence on our part;

13.6.2.    for fraud or fraudulent misrepresentation; or

13.6.3.    for any matter for which our exclusion or attempt to be excluded would be unlawful.

13.7.    The PAOKTV channel may include links to websites and resources managed by third parties, including advertisers and other content providers. We have no control over the content of such websites or resources and accept no liability for them or any losses or damage that may derive from their use on your part. These websites and resources may collect data or request personal details from you. We are not responsible for their content, privacy policies or the collection, use or disclosure of any information that might be collected by such websites or resources. Your connection to any service, website or resource other than PAOKTV takes place at your own responsibility.

13.8.    If the performance of these terms and conditions on our part is materially obstructed or delayed by an occurrence beyond our control, we will contact you as soon as possible in order to notify you and we will take measures to minimise the effects of the occurrence. If we do so, we shall bear no liability for the prevention or delays caused by the occurrence, but if there is a risk of considerable prevention or delay and you have purchased a subscription you have not received, you can contact us in order to terminate the agreement concerning the subscription in question and to receive a proportionate refund for the subscription in question.

14.    OTHER TERMS

14.1.    If any part of these terms and conditions is deemed unlawful or inapplicable, it shall be considered to have been deleted. Nothing will affect the validity of the remaining terms and conditions that will continue to apply for you.

14.2.    These terms and conditions benefit us and the companies of our group, each of which shall benefit from and may impose these terms and conditions. The companies of our group are not considered to be third parties for the purposes of these terms, as they companies of our group are considered to be included in and subject to the terms “we”, “us”, “our”, etc. herein. However: (i) DIMERA GROUP SINGLE-PERSON LLC / PAOK FC does not require the consent of any company of its group in order to modify these terms and conditions; (ii) any notifications provided to DIMERA GROUP SINGLE-PERSON LLC / PAOK FC hereunder need not be communication to the companies of our group; and (iii) you may imposed these terms only against DIMERA GROUP SINGLE-PERSON LLC / PAOK FC (and not against any of the companies of our group).

14.3.    We may freely convey our rights and obligations hereunder to any company or person. You may not convey any of your rights or obligations to third parties.

14.4.    These Terms and any dispute or claim deriving from or relating to them or their purpose or wording (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with Greek law.

14.5.    You accept the jurisdiction of the Courts of Thessaloniki over any proceedings deriving from or relating to these terms and conditions, so that only the Courts of Thessaloniki have jurisdiction over any proceedings by you and/or against (and, to the extent permitted by the applicable law, you agree not to assert that the Courts of Thessaloniki, Greece are not an appropriate forum for the claim in question to be heard and judged). Without prejudice to the above, (i) no part of these terms and conditions shall prevent us from lodging an appeal against you before a different competent Court; and (ii) litigation on our part under one or more jurisdictions does not preclude litigation under any other jurisdiction, whether or not simultaneously, to the extent permitted by the law of the different jurisdiction.