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www.theXV.rugby Terms and Conditions

  1. Application:  These terms and conditions (Terms), as well as our Privacy Statement and Cookies Policy [insert link] apply to your use of TheXV.Rugby website and associated services.  By browsing this website, creating an account or subscribing to an associated service, you agree to these Terms, our Privacy Statement and our Cookies Policy.  If you do not agree, please do not browse our website or use our services.
  2. Who we are:  This website and associated services are operated by Rugby Pass Limited of Iconic Office – The Victorians, 15 – 18 Earlsfort Terrace, Saint Kevin’s, Dublin 2, Dublin D02 HR23, Ireland. In these Terms, references to “we”, “us” and “our” are references to Rugby Pass Limited.  You can contact us at TheXV@Rugbypass.com.
  3. Content and Intellectual Property:  All intellectual property and other rights included in this website and associated services, and any content provided via this website, is owned by us or our licensors.  Provided that you comply with these Terms and other applicable laws, we grant you a limited licence to browse areas and content freely available on our website, and to access and use any services that you subscribe to and associated content (in the manner that those services and content are provided to you), for your own personal non-commercial purposes only.  We do not grant you any other licence.  You must not, and you must not attempt or assist, authorise, enable or permit anyone else, to:
    1. access any of our services or content without permission;
    2. copy, adapt, play or show in public, or communicate to the public, any part of our website, services or content;
    3. remove, circumvent, or interfere with any of the copyright notices or attributions, content protection, rights management, encryption or security technologies used in relation to our website, services or content.
  4. Your general responsibilities:  All visitors to our website and subscribers to our services must:
    1. follow our reasonable instructions and directions about using our website and associated services, and only use the website and services for lawful purposes;
    2. not interfere with our or anyone else’s IT or communications systems, or use of our website or associated services; and
    3. comply with all applicable laws and not breach our or anyone else’s rights.
  5. Changes:  We may make changes to our website, services, content, the price of our services and/or  these Terms, from time to time.  We may also cancel or phase out certain services.  We will give affected subscribers notice in advance of any major change we make to any of our paid services, where we think the change may have a negative impact on a significant portion of affected subscribers (Major Change).  We may not give notice of changes that happen in the ordinary course of things, such as changes to our content, changes that don’t affect paid subscriptions/services, or changes that we think will have a neutral or positive impact on affected subscribers.  Where we notify you of changes, we may do so by emailing you and/or publishing the change on our website.  If you are unhappy with any Major Change we have made, you may choose to cancel your subscription, and you may be eligible for a pro-rata refund as described in clause 12.  
  6. Your account, and letting other people use it:  To create an account with us, you need to be at least 18.  If you create an account with us, you agree to keep it secure, for example by keeping your username and account passwords secret.  You should also make sure that you keep your account information updated, as we use this information to contact you if we need to.  If you think someone has had access to your account without permission, please tell us straight away.  It is OK to let other people that live with you use your account, but nobody else. Whenever someone other than you uses your account or your subscription, you must:
    1. (a) supervise them appropriately;
    2. (a) pay any fees that apply, regardless of who incurs the fees; and
    3. (a) make sure they comply with the law and these Terms.
  7. Comments:  We may allow account holders to post comments on our website in relation to certain content.  If you post any comments, you must make sure that your comments are suitable for us to publish do not include any material that could be considered unlawful, harmful, harassing, defamatory, offensive, threatening, obscene, misleading, infringing or otherwise inappropriate.  We do not claim ownership of your comments, however by posting comments, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicensable right and licence to use and republish your comments, without limitation and in any format.  You hereby indemnify us from and against any and all losses that we suffer in connection with your breach of this clause.
    We reserve the right (but do not have the obligation, except where required by law) to review, edit, refuse to post or to remove any of your comments, in whole or in part at any time and to terminate your ability to post comments on our website at any time, without notice, in our sole discretion.  If we become aware of any of your comments that we believe violate these Terms, we may (without limiting our other rights) take steps to terminate your access to the Website or our services.
  8. Subscribing to our services:  You can subscribe by filling out the form on our website.  You’ll need to provide some information, and payment details.  See our Privacy Statement for more details about how we treat your personal information.  You may choose between a monthly subscription (which lasts for 30 days) and an annual subscription (which lasts for 365 day periods).  Subscriptions auto-renew unless you disable the renewal feature at the time of sign-up, or you cancel your subscription.
  9. Fees and payment:  The fees that apply will depend on your subscription type, and how long your subscription is for.  We will tell you what fees apply at the time you subscribe, and you will need to provide valid credit card details.  You may be entitled to a limited free trial period at the start of your subscription, but you will still need to provide payment information at the time you sign up.  Fees are payable in advance, at the time you subscribe (or at the end of your free trial, if applicable).  
  10. Cancelling a subscription:  You can cancel your subscription at any time [in your account settings].  Cancellation will generally take effect at the end of your current subscription period, unless you cancel in the final 24 hours of your subscription (in which case it will take effect at the end of the following subscription period).   
    1. it is reasonably necessary for operational, technical or security reasons;
    2. we have reasonable grounds to believe that you are in breach of these Terms or your account is being used fraudulently or to break the law; or
    3. you do not pay applicable fees by the due date.
      If we suspend your account or access to a service, we might only agree to reactivate it on special conditions (eg we might require you to pay a bond).
  11. Refunds:  Generally, fees are non-refundable.  However:
    1. – if we cancel your subscription for convenience with effect part-way through a subscription period that you have already paid for; or
    2. – you exercise your right to cancel following a Major Change under clause 5, with effect part-way through a subscription period that you have already paid for we will provide you with a pro-rata refund for any unused portion of your subscription that remains at the time of cancellation.
  12. Indemnity:  By agreeing to these Terms, you agree to indemnify and hold harmless Rugby Pass Limited, its affiliates, employees and agents against any and all claims, suits, actions, liabilities, costs and expenses arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations under these Terms, unless your breach is directly caused by Rugby Pass Limited’s own breach of the Terms. 
  13. Liability:  Nothing in these Terms affects your rights under mandatory provisions of applicable law that cannot be excluded.  Except for liability under those laws (and any other liability that cannot be limited by law):
    1. –  if you do not have a current subscription with us, then we have no liability to you whatsoever (whether in contract, tort including negligence, under statute, in equity or otherwise) in connection with this website, these Terms or our services; and
    2. – if you do have a current subscription with us, then your total liability to us and our total liability to you (whether in contract, tort including negligence, under statute, in equity or otherwise) in connection with this website, these Terms and/or our services will not exceed:
      1. – $100 for any event or series of related events; and
      2. – $500 for all events in a 12-month period.
        This liability cap will not apply to:
      3. – either of our fraud, intentional breach or intentional damage; or 
      4. – non-payment, breach of clause 3, intellectual property infringement, or criminal activity by you or someone else using your account.
        We will not be liable for any loss that is caused by you or by your failure to take reasonable steps to avoid or minimise your loss.
  14. Service limitations:  We try to make sure that our website and services give a great user experience.  But we cannot promise that they will always be available or error free, or that defects will always be corrected, especially because we rely on the internet, and other third party networks and services.  If you notice a fault with the website or a service, please let us know, and we’ll see what we can do about it.  But please be aware that:
    1. the performance of the website and associated services may depend on what kind of device and connection you have, and what else is running on your device at the time;
    2. we have regular maintenance windows where the website or certain services may not be available.  We try to schedule these for low-demand times;
    3. although we use industry standard security tools, telecommunications services and the internet are never completely secure and we don’t guarantee security;
    4. the availability of services, and/or content, features and functionality of our services, may vary depending on where you are located;
    5. where the Website or services link to third party websites or services, we are not responsible for the content, availability or security of such third party websites or services; and
    6. we are not responsible for third party outages, or any other cause or event beyond our reasonable control. 
  15. General
    1. (a) We are a global business with corporate headquarters in New Zealand.  Accordingly, these Terms are governed by New Zealand law, and you submit to the jurisdiction of the New Zealand courts.
    2. (b) We may at any time assign your account, the services or this contract to a third party, so long as this does not materially affect your rights.  You must not assign or otherwise transfer your rights or obligations under this contract without our prior written consent.
    3. (c) If any part of these Terms is held to be invalid, unenforceable or illegal, then the rest of these Terms will continue in full force and effect.
    4. (d) If our contract ends for any reason, it does not affect any rights and responsibilities that are intended to continue or come into force afterwards.