General Terms of Service

Sideline.Live Privacy Policy

This Privacy Policy was last updated on 30th June 2022.

Welcome to Sideline.Live, a platform that provides a livestream and video on-demand service for paid users to access events streamed over the Internet to certain internet connected TVs, computers, mobile and other devices.

Sideline.Live is operated by Sideline App Limited NZBN
9429046668783 (“we”, “us” or “our”).

This Privacy Policy sets out our, and your, rights and obligations in relation to personal information you provide when using the Sideline.Live application (“Application”) or Sideline.Live website (“Site”).

Please ensure you carefully read and understand this Privacy Policy and our Terms of Service before you use the Application and the Site. By accessing or using the Application or the Site, you are agreeing to be bound by the terms of this Policy. Your privacy is important to us. We will handle all personal information you provide to us in accordance with this Privacy Policy and the New Zealand Privacy Act 2020.

Please note that the Application is not intended for individuals under 18 years of age or such older age as is required in the country you are accessing the Services from for an individual to enter into a binding contract (“Contracting Age”). We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the Contracting Age.  We will immediately close and terminate any accounts that are in the name of individuals under the Contracting Age and/or delete any personal information we believe is submitted by such an individual. If you are a parent of a person under the Contracting Age and become aware that your child has provided personally-identifiable information to us, please contact us at support@sideline.live and you may request to exercise your access, rectification, cancellation, and/or objection rights that you may have at law

We may vary this Policy at any time, effective when we post modified terms on the Application or the Site, or otherwise notify you in writing (including by email).  You should ensure that you have read, understood and agree to the most recent Privacy Policy posted on the Application or the Site, or otherwise notified to you. By continuing to use the Application or the Site after being notified of a new Privacy Policy, you are agreeing to be bound by the terms of the new Policy. You must not use the Application or the Site if you do not agree to the latest Privacy Policy.

This Privacy Policy applies to personal information you have submitted to us through the Application, the Site or by other means, and to information obtained automatically through your use of the Application or the Site. The type of information collected is explained in greater detail in the ‘Collection’ section below.

Our registered address is: SidelineApp Limited, 85a Ponsonby Road, Grey Lynn, Auckland, 1011 , New Zealand.

If you need to contact us about this Privacy Policy you can do so at support@sideline.live

1.           DEFINITIONS

1.1              In these Terms:

Account means the profile you have with us that is accessible via the Site.

Content includes, without limitation, information, data, text, images, videos, audio clips, written posts and comments, software, sounds, scripts, graphics, messages, tags, comments, interactive features, and any content generated, posted, transmitted, distributed or otherwise made accessible on or through the Services, and which may be shared through third party applications.

Contracting Age means 18 years of age or such older age as is required in the country you are accessing the Services from for an individual to enter into a binding contract.

Devices means your personal computers, mobile handsets, tablets, and/or other relevant devices that can be used to access the Services.

Other Policies means any policies or guidelines that we may publish from time to time in relation to the use of the Services.

Payment Terms means our payment policy.

Privacy Policy means our privacy policy.

Services means the streaming and other services, and the access that we provide to you from time to time via and in relation to the Application and the Site.

User Generated Content means content that is posted, uploaded and/or contributed to the Services by a you or another user.

Third Party Input means any equipment, software (including open source products), services, data centres, electricity or telecommunications networks and any other inputs which are provided by a third party under contract to us and are integral to the provision and/or use of the Services.

Third Party Input Provider means a provider to, or supplier of, Third Party Input to us.

Virus means any virus, Trojan horse, worm, backdoor or other element that may disable, harm or otherwise prevent the operation of any computer software, hardware or network, or any telecommunications service, equipment or network.

1.2              In these Terms, unless the context requires otherwise:

(a)       a reference to a statute includes all regulations under and amendments to that statute, and any statute passed in substitution for that statute or                         incorporating any of its terms;

(b)       the singular includes the plural and vice versa;

(c)       a reference to $ or any monetary amount is to New Zealand dollars;

(d)       references to a “party” or “parties” are to the parties to these Terms;

(e)       “person” includes a natural person and any entity whether or not incorporated; and

(f)        the words “includes” or “including” do not imply any limitation.

2.                 Your Account

Registering an Account

2.1              In order to use the Services, you must register an Account via the Site.

2.2              To register an Account, you will be asked to provide us with certain information about you which may include your name, age, ethnicity and email                       address. 

2.3              You are responsible for providing accurate, current, and complete Account information.  If your information changes at any time, you need to inform us as soon as reasonably practicable.

2.4              We reserve the right to refuse to open an Account and do not need to provide reasons for doing so.

Security of your Account

2.5              You are solely responsible for ensuring the security of your password and login details of your Account.  We may assume that any use of your password and login is either you or someone authorised by you. If you believe that your login details (or other security features) have become, or may be, known to anyone other than yourself, or that there has been unauthorised access to your Account, you must immediately:

(a)       change your password (or other security features); and

(b)       tell us immediately by emailing us at support@sideline.live.

Inactive Account

• Your Account will be deemed inactive and we will permanently delete your Account if you have not accessed your Account for a period exceeding 24 months. We will take all reasonable steps to contact you by email 30 days prior to permanently deleting your inactive Account.

3.                 Your Obligations

• By registering an Account and/or using the Services, you agree that you:

• are of Contracting Age or older;

• will be responsible for the acts and omissions of anyone that accesses your Account with your authorisation (regardless of whether they are of Contracting Age or not) ;

• are not prohibited from entering into these Terms of Service under any applicable laws, rules, and/or regulations;

• have read and understood the contents of these Terms, including the Privacy Policy and Payments Terms;

• are responsible for the access and security of your Account;

• will ensure that all information that you provide to us is true and correct and kept up to date for so long as you continue to use the Services’

• comply with any third party terms that are applicable to your use of the Services; and

• will comply with Our Policies and all applicable laws when using the Services.

  • By using the Services, you represent and warrant that you are of Contracting Age. We may, in our sole discretion, refuse to offer or cancel access to the Services to any person or entity and change the eligibility criteria for access to the Services at any time. The Services are offered only for your use, and not for the use or benefit of any third party. We will immediately close and terminate any accounts we become aware have been accessed by persons under the Contracting Age without their parent or guardian’s legally permitted consent. In order to confirm that you are over the required age to enter into these Terms then we will request credit card information from you.

4.                 USER GUIDELINES:

• The Services and the Content is the exclusive property of us or our licensors.

• We grant you limited, non-exclusive, revocable permission to access the Services, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, private purposes (“Access”). Your Access shall remain in effect until and unless terminated by you or us. You agree that you are accessing the Content for your own personal, non-commercial, entertainment purposes and that you will not redistribute or transfer the Services or the Content. To avoid doubt, this limited right of Access does not permit you to display or distribute the Content in a public setting, forum, space or venue.

• The software applications contained within the Services are not sold to you, and we and our licensors retain ownership of the Content and the Application, even after the Application is installed on Devices.

• Your Access to the Content does not give you any ownership rights to the Content. All of our trademarks, service marks, trade names, logos, domain names, and any other features of our brand (“Sideline Brand Features”) are our sole and exclusive property. These Terms do not grant you any rights to use any Sideline Brand Features for any reason.

• You also agree not to:

  • circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in our Services;

  • bypass any geoblocked content or content not available in your location; use any robot, spider, scraper or other automated means to access the Services;

  • copy, decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services;

  • insert any code or product or manipulate the content of the Services in any way; or

  • use any data mining, data gathering or extraction method.

• You also undertake and agree to comply with the following conditions:

• As a condition of use of these Services, you represent and warrant not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of the activity carried on through your Account.

• You will not upload, post, email, transmit, otherwise make available, or facilitate the making available of, nor permit any third party to do the same, any Content on or through the Services that:

  • is fraudulent, false, misleading, inaccurate, threatening, abusive, harassing, defamatory, libellous, vulgar, invasive of another’s privacy, obscene, pornographic, profane, indecent, or otherwise objectionable including any communication that constitutes a criminal offence which may give rise to civil liability or otherwise violate any applicable laws or standards of conduct;

  • you do not have a right to make available under any law or under any contractual relationships;

  • may infringe or misappropriate any patent, trademark, trade secret, copyright, privacy, or other right of any other person or entity;

  • includes any unsolicited or unauthorised advertising, promotional material, junk mail, spam, chain mail, or any other form of solicitation;

  • contains any Virus designed to damage, interfere with, intercept or limit the functionality of the Services;

  • harms any third parties in anyway;

  • impersonates any person or entity or otherwise misrepresents your affiliation with any third party which is not authorised; or

  • intentionally, unintentionally, directly or indirectly violate any applicable law, rule or regulation.

  • If we for any reason suspect that you have breached clause 4 then we may suspend your access to your Account and the Services while we investigate the potential breach. You agree to comply and assist us with any investigations that we contact you about. In the event that we discover evidence which partially or wholly shows that you have breached clause 4 we may immediately terminate this agreement and delete your Account. Exercise of our rights under this clause 4.7 does not replace or restrict any other rights or remedies that may be available to us under these terms or applicable law.

5.                  CONTENT:

• You acknowledge that we in no way guarantee that any Content will be made available on the Application or through the Services. We reserve the right to, but do not have any obligation to:

• remove, edit or modify any Content and/or User Generated Content in our sole discretion, at any time, and for any reason without notice to you; and

• remove or block any Content and/or User Generated Content from the Services.

  • You acknowledge the Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights, and laws.

6.                 PAYMENT TERMS

• You may access particular Content by making payment of the subscription fee as determined by us or our partners from time to time (Subscription Fee) and listed on our website. The Subscription Fee is payable in advance per Content package, either on a per-match basis or a daily, weekly, monthly or annual subscription, as selected by you. The Subscription Fee may set out limitations on the manner in which you can access Content (for example duration of access, number of views etc)  where this is the case this will be set out as part of the description of the service available on payment of that subscription fee.   Once you make payment of the Subscription Fee, you will have access to that particular Content subject to any limitations shown in the Content package at the time you pay the Subscription Fee. Payment can be made securely via our website using our secure credit card platform.

• Any costs that your communications service provider may charge associated with downloading, installing, accessing and using the Application or the Services (including data charges) are your responsibility.

7.                 ACCOUNT DELETION, SUSPENSION AND TERMINATION

Deleting your Account

7.1              You can delete your Account at any time by emailing your request to us at support@sideline.live, or by following the instructions on the Application.                     Simply removing the Application from your mobile device will not have the effect of deleting your Account.

Termination

7.2              We may suspend or terminate your access to your Account or the Services:

(a)       if you fail to comply with these Terms, in which case you must cease using Services; and

(b)       at any time at our sole discretion. 

7.3              Where appropriate, we will give you notice of any suspension or termination by notifying you via the email address that is linked with your Account. 

7.4              We will not be responsible for any loss you may incur as a result of any suspension or ending of your access to the Services.

8.                 MINIMUM SYSTEM REQUIREMENTS

• You acknowledge that the quality of the display of the Content may vary from device to device, and may be affected by various factors over which we have no control, including your location, the specifications of your device, any other functions being performed by your device at the same time, the bandwidth available through your Internet connection and/or speed of your Internet connection. We shall have no responsibly for the poor performance of the Services or any delay or inability to play any Content due to issues with your Internet connection.

• Functionalities and features of the Services may differ between the Operating System and Browser used to access the Services and view the Content. To access the Services you must use a device running one of the following Operating Systems and Browsers:

9.                 INTELLECTUAL PROPERTY RIGHTS

• We respect the rights of intellectual property owners. If you believe your rights are being infringed through any of the Content or User Generated Content available through the Services, please contact us immediately. All notices alleging any infringement (including copyright infringement) should be sent to support@sideline.live.

10.              THIRD PARTY SERVICES

• The Services may contain links to other third-party applications, services, or resources on the Internet. When you access third party resources on the Internet, you do so at your own risk. You acknowledge and agree that these resources are not under our control, and you acknowledge and agree that we are not responsible or liable for the content, functions accuracy, legality, appropriateness, or any other aspect of such apps or resources.

• The inclusion of any links does not imply our endorsement or any association between us and the operators of the end site accessible by such links. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such application or resource.

11.              WARRANTY DISCLAIMER

• The laws of your country may impose certain warranties on us or prohibit us from restricting the warranties that we give. You should check what rights you have under the laws of the country you are resident in (Local Law) .  You acknowledge that, except for those warranties or representations that may be imposed by Local Law (to the extent that they cannot be excluded) and such other warranties that cannot be excluded by Local Law the Services are provided on an “as is” basis and all representations, conditions or warranties in respect of the Services (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for purpose) are expressly excluded.

• There may also be times where we cannot show some Content as planned (e.g. due to an event being cancelled or postponed), so the Content schedule can change without notice and you agree that we are not responsible for this.

• You acknowledge and agree that in providing the Services, we may rely on the provision of Third Party Inputs and the Services may be subject to limitations, delays and other problems inherent in the use of services provided by such Third Party Input Providers. While we will use all reasonable endeavours to manage he supply of services by Third Party Input Providers we will not be responsible for any delays, delivery failures, or any other loss or damage arising out of or in connection with any services provided by Third Party Input Providers.

• You acknowledge and agree that provision of the Services, may rely on third party services and infrastructure and that the Services may be subject to limitations, delays and other problems inherent in the use of such third party services and infrastructure. We will not be responsible for any delays, delivery failures, or any other loss or damage arising out of or in connection with any third party services or infrastructure.

12.              LIMITATION OF LIABILITY

• Without prejudice to the rights you may have under Local Law (as discussed above in clause 11.2) we do not promise that:

(a)       the Services will be available at all times;

(b)       the Services will be uninterrupted or error-free;

(c)       the Services are accurate, reliable, up-to-date or adequate;

(d)       the Services will meet your requirements or be fit for a particular purpose;

(e)       the Services will operate on all types of devices; or

(f)        the Services will be secure or free from Viruses.

12.2          To the fullest extent permitted by law, we exclude any and all liability we may have to you or any other person under or in connection with:

(a)       your failure to comply with these Terms;

(b)       any delay or loss of access to, or use of, the Services at any time;

(c)       any fault or error in the Services that is beyond our control;

(d)       any Virus that affects or is introduced into the Services other than as a result of our negligence;

(e)       malfunction of any equipment or system, or an telecommunications link failure;

(f)        any unauthorised access or loss of other data (including personal information) that you provide to us that is beyond our control; or

(g)       any other cause or event beyond our control.

These exclusions apply regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

12.3          Subject to clauses 12.3 and 12.6, neither you nor we (relevant party) will be responsible to the other party for any loss or damage other than foreseeable loss and damage caused directly by the relevant party.  If the relevant party fails to comply with these Terms, the relevant party will be responsible for loss or damage the other party suffers that is a direct and foreseeable result of that failure, but the relevant party is not responsible for any loss or damage that is not foreseeable.  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, for example, if you discussed it with us. In any event, to the extent permitted by law and subject to clause 12.6, the total liability of each of you and us to the other party is limited to the total amount paid by you in a 6 month period.

12.4          Clauses 12.4 and 12.5 do not apply to limit your liability to us for any loss, damage, cost or expense we incur or suffer as a result of any claim by a                    third party resulting from your breach of these Terms.

12.5          You will reimburse us for any costs we reasonably incur in relation to any claims against us resulting from your breach of these Terms or any                              applicable laws, or your infringement of the rights of third parties related to the use of the Services.

13.              ABUSE POLICY

• We are committed to making our Services an enjoyable experience for all users so please be considerate of any information you make public through the Services including any User Generated Content. We hold no responsibility with respect to any information made publicly available by you, including anything you upload, post, email, transmit or otherwise make available through the Services.

• Any information you submit to us is governed by these Terms and our Privacy Policy.

14.              SERVICES MODIFICATIONS

• We will make reasonable efforts to keep the Services operational.  However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions to the Services. We reserve the right, at any time, to modify or discontinue (whether temporarily or permanently), functions and features of the Services (whether in part or in whole) without further notice or liability to you. In the event that we modify the Services (excluding any Third Party Input changes) and the modification materially reduces your benefit of the Services then you have a right to cancel your Account and receive a prorated refund on your subscription. You understand and agree that we shall have no obligation to maintain, support or upgrade the Services or to provide any specific content through the Services.

15.              DISPUTE RESOLUTION

15.1          If you have any concerns with Access to your Account or our provision of the Services please contact us at support@sideline.live with reasonably detailed information concerning your issue. We will try to resolve the dispute within 15 days after receipt of your initial email.

16.              FORCE MAJEURE AND COVID-19

• We will not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including, without limitation, war, riots, industrial action, pandemics, epidemics, flooding, natural disasters, or other acts of God, or mechanical, electronic or communications failure or degradation.

• The parties acknowledge that COVID-19, and either party’s compliance with any law, rule, regulation or policy related to COVID-19, may adversely impact the Services, responsibilities or other obligations under these Terms of Service.  In the event of any such impact, we may suspend or terminate your subscription without further liability to the extent permitted by law.

• You acknowledge that in providing the Services, we utilise various Third Party Input Providers where we are not the only purchaser or consumer of such Third Party Inputs. As such these Third Party Inputs are subject to change without our approval and this may affect our ability to provide the Services. In circumstances where a Third Party Input Provider unilaterally changes a Third Party Input that materially impacts your ability to receive and enjoy the Services then we will not be liable for any failure to perform our obligations under these Terms.

17.              GENERAL

• These Terms and any terms referred to in them are the entire agreement between you and use in relation to Sideline and the Services.

17.2          The section and paragraph headings in these Terms are for convenience only and shall not have any effect of such term.

17.3          Nothing in these Terms will be deemed to constitute either party as the agent, partner or joint venturer of the other.

17.4          No term or condition of these Terms will be deemed to have been waived by us and no delay, breach or default by you will be deemed to have been                    excused by us unless the waiver or excuse is in writing and signed by our authorised representative.

17.5          If any part of these Terms is judged invalid or unenforceable it will be excluded, and the remainder of these Terms will continue to operate.

17.6          We may licence, sub-contract, or assign all or any part of our rights and obligations under these Terms without your consent. You may not assign,                       transfer, or sub-license your rights or obligations under these Terms without our prior written consent.

17.7          These Terms are governed by the laws of New Zealand. Should you wish to take any action against us relating to the Services or these Terms, you                      agree that any such action must be taken in the New Zealand courts.

• Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been given when received, if personally delivered or sent by certified or registering mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service. Electronic notices should be sent to support@sideline.live.