1. THESE TERMS AND CONDITIONS
1.1 What these terms cover. These are the terms and conditions that apply to your use of 'Posh+', an "over-the-top" media service that enable users to access digital content ("Posh+ Content") that includes live broadcasts to selected pre-season friendlies and selected Academy fixtures as well as audio commentary of first-team games and other content (as may be made available from time-to-time) that is made available by us on the official Peterborough United F.C. app ("App") and the official Peterborough United F.C. website ("Website"). Different packages of Posh+ are available and set out on our Website or via the App.
1.2 Why you should read them. You must agree to and accept all of these terms and conditions or you do not have the right to use Posh+ Content. Please read these terms and conditions carefully as they provide important information regarding who we are, how we will provide Posh+ Content to you, how subscription agreements are entered into and what to do if there is a problem.
1.4 By accessing Posh+ Content you agree to these terms and conditions. Your use of Posh+ Content means that you agree to all of these terms and conditions (as well as further applicable terms referred to in section 1.3), just as if you had agreed to these terms and conditions in writing.
1.5 Changes to these terms and conditions. You understand and agree that we may review these terms and conditions and make changes at any time. Any such changes are effective immediately and your continued use of Posh+ Content shall constitute on-going acceptance of these terms and conditions, as they are updated from time-to-time. We therefore recommend that you check these pages regularly.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Peterborough United Football Club, a company registered in England and Wales (referred to in these terms and conditions as the "Club", "we" or "us", and "our" should be interpreted accordingly). Our company registration number is 290803 and our registered office is at Weston Homes Stadium, London Road, Peterborough, Cambs, PE2 8AL.
2.2 Contact us if you have questions. If you have any questions, comments, or concerns regarding these terms and conditions or Posh+ Content, please contact us at firstname.lastname@example.org. You may also find information and answers to common questions here https://www.theposh.com/poshplus/posh-support-faqs. If you are experiencing technical difficulties with accessing a broadcast you should first read the FAQ document, and if your query is not answered, you must email all details to email@example.com. Please note - you will receive an automated response in the first instance which refers you to the FAQs. You MUST reply to that email once again with all the original details, or the Support Staff will not receive your issue.
3. ACCESSING POSH+ CONTENT AND YOUR CONTRACT WITH US
3.1 Accessing Posh+ Content. Posh+ Content can be accessed via the Website or the App. In order to access Posh+ Content, you will be required to have a valid paid subscription to Posh+ Content or otherwise be entitled to access Posh+ Content in accordance with the benefits granted by your type of membership.
3.2 Purchasing access to Posh+ Content. Access to Posh+ Content may be purchased via the Website or the App by clicking on the individual content or subscription you wish to buy and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase request to us by clicking the "Subscribe" or “Purchase” or “Submit Payment” button on the checkout page.
3.3 How we will accept your order. You acknowledge that by clicking on the "Subscribe" or “Purchase” or “Submit Payment” button you are offering to enter into an obligation to pay for Posh+ Content ("Subscription") and, once accepted by us, a contract will be formed between you and us in relation to the Subscription ordered. If we are unable to provide a Subscription to you for any reason, we will inform you of this and you will not be charged any fees. Once a Subscription offer is accepted by us, Posh+ Content will become available to you straight away (however please allow up to 15 minutes for access, and we encourage you to subscribe well in advance of the beginning of a live broadcast) and will remain available throughout the term of your Subscription until cancelled, subject to these terms and conditions.
3.4 Subscription term. Unless otherwise indicated at the time of purchase (for example if your Subscription is for a single match only or a “bundle” of matches – during pre-season for example), your Subscription will commence on the date we accept your order and continue for the period of time you select at the time of purchase ("Subscription Period").
3.5 Automatic Renewal of Subscriptions. If you select an auto-renew subscription, your Subscription will automatically renew at the end of the Subscription Period for a further Subscription Period (and will continue to renew for further Subscription Periods thereafter), and we will automatically bill the subscription fee to your Payment Method each billing cycle, until your Subscription is cancelled or terminated. For example, if you purchase an annual Subscription on 1 January 2022, your Subscription will automatically renew on 1 January 2023, and then again on 1 January 2024 etc until you tell us that you would like to cancel.
3.6 Subscription fee. When you purchase a Subscription, you will be charged a fee ("Subscription Fee"), which will be charged immediately, in accordance with section 4 below. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your Subscription will take effect on your next billing cycle upon notice communicated through a posting on the Website, email or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your Subscription, you will be deemed to have accepted these new fees.
4.1 Use of payment processor. Posh+ Content use a third-party payment processor (the "Payment Processor") to bill you for your Subscription Fees. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these terms and conditions. We are not responsible for error by the Payment Processor.
4.2 Charges and payment terms. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your Subscription in accordance with the applicable payment terms, and you authorise us, through the Payment Processor, to charge your chosen payment provider.
4.3 Payment method. You must provide us with a current, valid, accepted method of payment ("Payment Method"). We may update the accepted methods from time to time. You agree to make payment using the selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
4.4 Failure to pay on time. If we, through the Payment Processor, do not receive payment from you on time, you agree to pay all amounts due by you to us upon demand. If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to Posh+ Content (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your Subscription is cancelled.
5. OUR CONTENT AND YOUR USE OF POSH+ CONTENT
5.1 Our content. All content included on Posh+ Content, as well as our App and our Website, (including but not limited to the web site design, photographs, images, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof) are either our property or that of our content suppliers and are protected by English and international intellectual property laws. In using or interacting with Posh+ Content, the Website and / or the App, you will not (a) infringe or attempt to infringe the intellectual property rights or any other rights of anyone else (including the Club) or (b) download, copy or store any part of Posh+ Content, the Website and / or the App.
5.2 Your use of Posh+ Content. You may only use Posh+ Content for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. Any other use of materials on Posh+ Content (including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting republication, downloading or uploading without our prior written permission) is strictly prohibited.
5.3 Your Subscription may not be shared with others. Your Subscription and/or Posh+ Content account is personal to you and you agree not to transfer or gift your Subscription to third parties or allow third parties to use your Posh+ Content account or Subscription. You are responsible for all activity that occurs under your account or Subscription, including any activity by an unauthorised party. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using your account or Subscription. If you become aware of an unauthorised access to your account, change your password and notify the Club immediately.
5.4 Technical Requirements. In order to stream the Posh+ Content you will need a device/network access that meets certain technical requirements and these can be found within the FAQs. The Club cannot be liable for poor quality streams if you do not meet these technical requirements.
6. YOUR RIGHT TO CANCEL
6.1 Cancelling your subscription. If for any reason you change your mind and wish to cancel your Subscription before you access any Posh+ Content and receive a full refund, you have fourteen days to do so from the date you subscribe (“Cancellation Period”). However, if you access Posh+ Content during the Cancellation Period (which includes viewing any match broadcasts or listening to any audio commentary), you may still cancel your contract with us during the Cancellation Period, but we will deduct from any refund we owe you, charges due for any Posh+ Content that you have accessed. For example, if you have only purchased access to one match and have accessed this (even in part) in the Cancellation Period, then you would not be entitled to any refund. If you purchase a Subscription period that includes five broadcasts and have listened to / watched two (or parts of two) broadcasts in the Cancellation Period, then you would only be entitled to a refund for the three broadcasts you have not accessed any part of.
6.2 Contacting us to cancel. If you purchased access Posh+ Content via our Website, you can cancel by clicking the link within the My Account page on theposh.com.
6.3 Cancelling before the end of your subscription term. You can cancel your subscription to Posh+ Content at any time before the end of your Subscription Period. You will have access to Posh+ Content for the remainder of your Subscription Period but the Subscription will not automatically renew for the following Subscription Period.
6.4 Cancelling after a match has ended. Once a match has ended, you will not be entitled to a refund in respect of that match unless you have suffered technical or audio issues during that match and have (1) contacted us by emailing firstname.lastname@example.org to inform us of such technical or audio issues and (2) made efforts to troubleshoot or fix the issue (including following steps that we have suggested following you contacting us to inform us of the issue).
7. HOW YOUR ACCESS TO POSH+ CONTENT MAY BE TERMINATED
7.1 We may terminate if you breach contract. We may terminate your access to Posh+ Content if you: (a) breach any material or important term set out in these terms and conditions; (b) breach these terms and conditions and do not correct the breach within seven days of us telling you to do so; or (c) do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due.
7.2 Other circumstances where we may terminate. We may also terminate your access to Posh+ Content: (a) for technical or operational reasons beyond our control; (b) should we be required to in order to comply with applicable laws and regulatory requirements; or (c) if we decide, at our discretion, to stop providing Posh+ Content in your country of residence.
7.3 Your refund following termination by us. Should we terminate your agreement access to Posh+ Content for any reason set out in section 7.2, we will refund to you a proportion of any Subscription Fee that you have paid calculated on a pro rata basis by reference to the period of time for which you have paid to access Posh+ Content but for which you will not receive access to Posh+ Content.
8. OUR LIABILITY TO YOU
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
8.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
10. OTHER IMPORTANT TERMS
10.1 Transferring your contract with us to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
10.2 Your contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.3 Each paragraph and sub-paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs and sub-paragraphs will remain in full force and effect.
10.4 Even if we delay in enforcing your contract with us, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
10.5 The laws that apply to your contract with us. These terms and conditions are governed by and to be interpreted in accordance with English law and will be subject to the jurisdiction of the English courts.