Terms of Use

Last updated 11/05/2018

Effective 2018

Table of Contents:

  1. iOn Sport Terms of Use - Introduction
  2. Purchases
  3. Free Trials
  4. Billing
  5. iOn Sport Service
  6. Passwords and Account Access
  7. Warranties and Limitations on Liability
  8. Miscellaneous

1. iOn Sport Terms of Use - Introduction

iOn Sport provides a subscription and pay-per-view service that allows registered users to purchase and watch video content ("iOn Sport content") streamed over the Internet to certain Internet-connected computers, mobile devices with the iOn Sport apps, certain TVs, and other devices ("iOn Sport ready devices").

The iOn Sport service is provided to you by iOn Sport Pty Ltd (ABN 96 147 916 354), an Australian company. These Terms of Use govern your use of our service. As used in these Terms of Use, "iOn Sport service", "our service" or "the service" means the service provided by iOn Sport for discovering and watching iOn Sport content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

2. Purchases

2.1. Subscription Depending on your chosen option chosen, your monthly subscription will entitle you to watch certain iOn Sport content or provide you with a number of credits that can be used to purchase iOn Sport content. To use the iOn Sport service you must have Internet access and a iOn Sport ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Payment will be charged to your Credit Card or your iTunes Account or your Google Pay account depending on which platform you made the purchase upon confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. Unless you cancel your subscription before your monthly billing date, you authorise us to charge your next month's subscription fee to your Payment Method (see "Cancellation" below). Any unused credits you accumulate will roll-over to the following month. Your subscription will be automatically renewed every month, until you choose to unsubscribe or cancel your subscription. Your subscription entitles you to content uploaded during the current year's Penrith Juniors Rugby League season. The previous year's content will expire at the start of the current year. You can find specific details regarding your iOn Sport subscription by visiting our website and clicking on the "My Purchases" link available at the top of the pages of the iOn Sport website under your profile name.

2.2. Pay per view Registered users are provided with an option to purchase iOn Sport content. Content may be priced individually or as part of a bundle. Once purchased, you will be able to stream the purchased iOn Sport content to your iOn Sport ready devices. You will be able to re-watch this content for a limited period of time, not exceeding one year.

3. Free Trials

3.1. Your iOn Sport subscription may start with a free trial. The free trial period of your subscription lasts for a fixed period as specified during sign-up and is intended to allow new subscribers and certain former subscribers to try the service.

3.2. Free trial eligibility is determined by iOn Sport at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent iOn Sport subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent iOn Sport subscription to determine eligibility. For combinations with other offers, restrictions may apply.

3.3. We will charge your Payment Method for your monthly subscription fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. To view the monthly subscription price and end date of your free trial period, visit our website and attempt to purchase content.

4. Billing

4.1. Billing Cycle. The subscription fee for the iOn Sport service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit our website and click on the "My Purchases" link on the "Account" page to see your next payment date.

4.2. Payment Methods. You can change your Payment Method by visiting the "My Purchases" link on the "Account" page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

4.3. Cancellation. You can cancel your iOn Sport subscription at any time, and you will continue to have access to the iOn Sport service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods or unwatched iOn Sport content. To cancel, visit the "My Purchases" link on the "Account" page. The "Status" column indicates the end of your monthly billing period and current renewal setting. Clicking on the "Status" of your subscription will allow you to control the automatic renewal. If "Auto Renew" is disabled, your subscription has been cancelled. If you signed up for iOn Sport using your account with a third party as a Payment Method and wish to cancel your iOn Sport subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the iOn Sport service through that third party. You may also find billing information about your iOn Sport subscription by visiting your account with the applicable third party.

4.4. Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

5. iOn Sport Service

5.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the iOn Sport service. Minors may only use the service under the supervision of an adult.

5.2. The iOn Sport service and any content viewed through the service are for your personal and non-commercial use only. During your iOn Sport subscription we grant you a limited, non-exclusive, non-transferable license to access the iOn Sport service and view iOn Sport content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

5.3. You may view the iOn Sport content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan. For the default subscription model available to all consumers, this limit is two simultaneous devices

5.4. iOn Sport regularly makes changes to the service, including the content library.

5.5. Some iOn Sport content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.

5.6. You agree to use the iOn Sport service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the iOn Sport service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the iOn Sport service; use any robot, spider, scraper or other automated means to access the iOn Sport service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the iOn Sport service; insert any code or product or manipulate the content of the iOn Sport service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the iOn Sport service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

5.7. The quality of the display of the iOn Sport content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD(defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching iOn Sport content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your iOn Sport ready device.

5.8. The iOn Sport software is developed by, or for, iOn Sport and is designed to enable viewing of iOn Sport content through iOn Sport ready devices. The iOn Sport software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the iOn Sport and related third-party software.

6. Passwords and Account Access

The member who created the iOn Sport account and whose Payment Method is charged (the "Account Owner") has access and control over the iOn Sport account and the iOn Sport ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the iOn Sport ready devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, iOn Sport or our partners from identity theft or other fraudulent activity.

7. Warranties and Limitations on Liability

The iOn Sport service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.

Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ION SPORT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and iOn Sport agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

8. Miscellaneous

8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia.

8.2. Unsolicited Materials. iOn Sport does not accept unsolicited materials or ideas for iOn Sport content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to iOn Sport.

8.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please email support@ion-sport.com. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

8.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.5. Changes to Terms of Use and Assignment. iOn Sport may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.