PLEASE READ THESE TERMS AND CONDITIONS ("CONDITIONS") BEFORE SUBSCRIBING FOR SERVICES (AS SET OUT IN CLAUSE 4) IN MCFCTV.com. PREMIUM TV LTD ON BEHALF OF MANCHESTER CITY FOOTBALL CLUB (MCFC) RESERVE THE RIGHT, AT ANY TIME, TO MODIFY THESE CONDITIONS BY POSTING A REVISED VERSION ON THIS ONLINE VIDEO CONSOLE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD (AND AGREE TO BE BOUND BY) THESE CONDITIONS NOW AND EVERY TIME YOU USE THE SERVICES. BY CONTINUING TO USE THE SERVICES YOU ACCEPT ANY REVISED VERSION.
If these Conditions conflict with our Online Video Console Terms and Conditions, these Conditions will take priority.
1. Orders
In ticking the box and accepting the T&C's on the registration page, you are entering into a legally binding contract with Premium TV Ltd on behalf of MCFC to purchase the Services. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Conditions.
2. Price and Payment
Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of UK VAT at the rates in force from time to time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this Online Video Console at the time at which you place your order.
Payment for services must be made by Direct Debit (UK), Mastercard, Visa, Switch, Solo Visa Delta and JCB cards. You confirm that the account/credit/debit card which is being used is yours. All account, credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.
Premium TV Ltd. reserves the right to refuse credit/debit card payments in its reasonable discretion. NetBanx will process your payment on a secure site.
Direct Debit payments
If you cancel your subscription for the services through the My Account page or through customer services, it will also be necessary to cancel your direct debit through your bank in order to prevent any future payment being taken from your account. PTV or MCFC will not accept any responsibility for payments taken from the customers account as a result of failure to cancel direct debit payments at their bank. This includes bank charges for exceeding overdraft limits and any other related payments incurred as a result of failure to cancel direct debit payments at the bank.
3. Duration and Termination
Your right to terminate.
You may cancel your subscription for the Services by logging in and going to the My Account page and clicking on the "Cancel Subscription" button and sending an e-mail to customer services at the following e-mail address customerservices@premiumtv.co.uk
Cancellation must be made no less than 5 working days prior to the end of the month or year (depending on whether you are paying monthly or annually respectively) for which you have paid.
If you cancel prior to this 5 working day period access to the Services will be terminated at the end of the relevant period. If you cancel during this 5 working day period you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month.
If you cancel your subscription after your renewal date you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month, year or relevant period.
Your right to a refund
If you have signed up to a Free Trial (i.e. no payment has been taken and you are able to access subscription products), you can cancel your Free Trial at any time prior to the end of the relevant Free Trial period and your credit/debit card will not be charged. The exact length of the Free Trial period will be stated at the time of purchase.
However we will not issue a refund if you request cancellation and a refund after your Free Trial period has ended and your credit/debit card has been charged for the relevant month, year or relevant period.
Our right to terminate
Premium TV Ltd. may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 2 or 6 will be considered to be a material breach) or if you do not fulfil any of the technical requirements set out in clause 4.
In addition, Premium TV Ltd. may terminate this agreement on one calendar month's notice given in writing to you in accordance with clause 5. If Premium TV Ltd. terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
4. The Services and Service Availability
The 'Services' shall be the provision to you of access to services on this Online Video Console including Live (subject to geographical location, see below for restricted countries for the live stream), Highlights (subject to geographical location, see below for restricted countries for the highlight package), Archive footage and Features.
All Live Content and Match Highlights are unavailable to people viewing MCFCTV.com from the Peoples Republic of China (PRC) where the premier league goals service will operate instead
Live - the countries below are UNABLE to receive live footage
Peoples Republic of China (PRC)
Highlights - the countries below are UNABLE to receive any highlights
Peoples Republic of China (PRC)
You warrant and undertake that you are not situated (and will not view the Services) in one (or more) of the above countries.
However Premium TV Ltd. reserves the right to amend the nature and extent of the Services available at any time. You will need to load your PC with Windows Media Player software (which you will need to obtain)
You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
In the event that Premium TV Ltd. reasonably determines that you do not meet these requirements Premium TV Ltd. reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums paid as provided for in clause 3 ("Our right to terminate").
Premium TV Ltd. will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Online Video Console is provided on an "as is" basis.
In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Online Video Console may not be uninterrupted, timely, secure or error-free.
From time to time we will need to close the Online Video Console to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, Premium TV Ltd. will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law).
This does not affect any other statutory rights you may have as a consumer.
5. Technical Support and Contacting Premium TV Ltd.
You can contact Premium TV Ltd. whether to discuss technical problems or trace your subscription, or for any other reason by emailing to Premium TV Ltd. as described below or going to the Contact Us section. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode which Premium TV Ltd. will require from you in order to identify your subscription.
You may want to print a copy of this page for future reference. You should notify us immediately if any of your details change by e-mail at customerservices@premiumtv.co.uk
Any notice given by Premium TV Ltd. can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
6. Your use of the Services
The design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) are subject to the copyright of Premium TV Ltd and others.
You agree that you will:
(a) use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or Services from you or anyone else;
(b) at any given time, only view the Services and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
(c) not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above;
(d) not alter, disassemble, decompile or reverse engineer any part of the Services;
(e) not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
(f) not abuse this Online Video Console or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else). As well as our right to terminate for breaches by you (clause 3) we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Conditions or our Online Video Console Terms and Conditions, or if we are requested to do so by a regulatory authority.
7. Liability
unless agreed otherwise in writing, the maximum liability of each of premium tv ltd. and ('mcfc') to you arising by reason of or in connection with the supply of the services to you shall be limited to the amount paid by you in respect of the services in question ("payment amount"). neither premium tv ltd. nor mcfc shall in any event be liable to you for:
(i) any direct loss in excess of the subscription amount; or
(ii) any indirect or consequential loss or other costs
(iii) any corruption to data or any indirect or consequential loss what so ever even if it has been advised of the possibility of such loss or should reasonably know of such loss. nothing in these conditions shall exclude or limit the liability of premium tv ltd. and mcfc for death or personal injury due to its negligence or for its fraud. this does not affect your statutory rights as a consumer.
8. Data Protection
It is good practice, and it is your responsibility, to take adequate steps to protect against viruses and such like. The information and data ("personal data") which is provided by you in connection with this site will be held on the computers and manual records of, and will be used by, Premium TV Ltd., MCFC sponsors, affiliates, official suppliers and any other reputable suppliers of goods and services which Premium TV Ltd or MCFC believe may be of interest to you (together "the companies"). A complete list of all such companies is available on request from the address below.
The personal data shall be used by the companies for the following purposes:
(i) to update and develop the companies' records and for assessment and analysis including market and product analysis;
(ii) to assist the companies in offering and providing their services/products to you;
(iii) to enable the companies to review, develop and improve the services offered by them. The companies may inform you from time to time by email, telephone, or mail about relevant news, information, promotions, services and products offered by any of them which they believe may be of interest to you. If you do not wish this to happen, please ensure that you don't tick the appropriate box when you register your personal details. By law you are entitled, upon payment of a fee, to receive a copy of information or data about you which is held by any of the companies. You are also entitled to require the rectification, erasure or blocking or any such information or data which is inaccurate or not up-to-date and held by the companies. If you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your information or data held by the companies, please write to the address below stating your full name and address and providing any other relevant information.
Premium TV Ltd.
Sussex House
Plane Tree Farm
Middlesex
TW13 7HE
9. Force Majeure
Neither Premium TV Ltd. nor MCFC shall have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Premium TV Ltd. or MCFC including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement, withdrawal of feed by broadcaster for any reason whatsoever.
If this means that you fail to receive a substantial element of the Services Premium TV Ltd. will refund such proportion of the sum pre-paid by you in respect of the Services as it decides, acting reasonably, is fair in the circumstances.
10. Waiver
No waiver by either of Premium TV Ltd. or MCFC shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
11. Entire Agreement
These Conditions together with the current Services prices and contact details on this Online Video Console, set out the whole of the agreement between you and Premium TV Ltd. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Premium TV Ltd.
Premium TV Ltd. employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by Premium TV Ltd. You confirm that you do not rely on, and waive any claims for breach of, any such representations that are not so confirmed.
12. Third Party Rights
(a) Clauses 7, 8 and 9 of these Conditions confer a benefit on MCFC and are intended to be enforceable by MCFC by virtue of the Contracts (Rights of Third Parties) Act 1999.
(b) Except as provided in clause 12(a), a person who is not a party to the contract governed by these Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England
14. Free Trial/Offers - Credit Card registration
You may cancel your free trial at any time by emailing customerservices@premiumtv.co.uk . By registering on the site or by giving us your card details you agree that you are entering into a legal binding contract with MCFC and PTV. The contract is conditional on the transaction being authorised by the user. If the transaction is authorised your account will be activated. The offer of a free trial is followed by a monthly repeating subscription.
15. Ownership
This Online Video Console is the only official Online Video Console of Manchester City Football Club ("MCFC") and is operated and managed by Manchester City Football Club PLC (company no. 00040946; registered office: City of Manchester Stadium, Sportcity, Manchester, M11 3FF) in conjunction with IMG Media (UK) Limited ("IMG") (company no: 4459066; registered office: McCormack House, Burlington Lane, Chiswick, London, W4 2TH) (MCFC and IMG collectively being "the Operators" or "we" for the purposes of these Terms of Use and Privacy Policy). All of the content of this Online Video Console (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trademark. Other proprietary trade marks and trade names may be featured on this Online Video Console from time to time and remain the property of their respective owners.
16. Disclaimer
This Online Video Console and its contents are provided without any representations or warranties of any kind, either express or implied. The operators each disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. in addition, none of the operators represents or warrants that the information and/or facilities on or accessible via this Online Video Console are accurate, complete or current, or that this Online Video Console will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this Online Video Console assumes all costs arising as a result of the use of this Online Video Console.
17. Children Under 16
If you are under 16, you must ask your parents or a guardian before you:
E-mail the Online Video Console, or ask us to e-mail anything to you;
Send any information to us;
Enter any content or game that requires information about you or offers a prize;
Post any information on any bulletin board or enter any chat room;
Buy anything online
By continuing to use this Online Video Console and any of the services offered, you are confirming that you have received the consent of your parents or guardian.
18. Links from the site
This Online Video Console contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to from this Online Video Console. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.
