The following Conditions (as defined below) shall apply to the Services as detailed in the Subscription between the entity currently known as beIN Corporation, a Qatari entity established as a Private Utility Corporation in pursuance to the Emeri Decree Number 122 of the Year 2013, whose address is P.O. Box 23231 Doha, the State of Qatar (“beIN”) and you (the “Subscriber”) and/or between an Authorized Dealer and you, as the case may be.
In order to receive the Services as detailed in the Subscription, you agree to abide by the following Conditions as may be amended from time to time.
Reference in these Conditions to “you” or “your” shall refer to "the Subscriber" and “we” or “us” or “our” shall be read as reference to “beIN” or other companies within the beIN group.
These Conditions supersede and replace any previous conditions for the Services at any time and are supplemental to any terms and conditions you may have with any Redistributor and/or Authorized Dealer that govern your viewing of beIN by any means.
Additional Conditions: means any additional conditions published by us and which vary or supplement these Conditions from time to time during the Duration of the Subscription.
beIN SPORTS CONNECT:means beIN's digital platform which allows subscribers to receive certain services and content on an "over-the-top" basis through Mobile Wireless Technology connected devices or broadband internet connected devices.
beIN SPORTS CONNECT Subscription: means the subscription setting out your application to subscribe to beIN SPORTS CONNECT, made between you and beIN authorizing you to receive the Package for your Personal Use on Devices in the Covered Region, and which shall be deemed to form part of the Conditions.
beIN Website: means the beIN website currently found at: www.beinsports.com
Authorized Dealer: means a dealer authorized by beIN to enter into TV Subscriptions including selling Smart Cards and/or Certified Set Top Boxes. Our current list of Authorized Dealers can be found on the beIN Website.
Certified Set Top Box: means the digital satellite decoder which is certified for use with the Smart Card and is provided by your Redistributor or other Certified Set Top Box resellers and through which you receive the TV Services. A list of Certified Set Top Boxes can be found on the beIN Website as updated from time to time.
Covered Region: means Algeria, Bahrain, Chad, Djibouti, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen.
Device: means any device, including a personal computer, tablet or mobile phone, which is capable of receiving, sending and/or sorting video and multimedia communications, including any portable gaming or other handheld device that is capable of accessing and/or viewing beIN SPORTS CONNECT.
DTH Delivery: means the transmission of audio-visual content in an intelligible form by means of a signal which is transmitted direct from a satellite to a satellite dish (or any other form of satellite reception equipment to fixed devices now available or developed in the future) at the place of reception (and not for the purpose of re-transmission to any place other than that place of reception).
Duration: means the period of time you subscribe to the Services as detailed in the Subscription.
IPR: means patents, trademarks, service marks, trade names, goodwill, registered designs, design rights, database rights, copyrights and other forms of intellectual or industrial property (in each case in any part of the world, whether or not registered or registrable for their full period of registration with all extensions, renewals and revivals, and including all applications for registration or otherwise), inventions, formulae, confidential information (including know-how or secret processes), rights in computer software and any similar or equivalent rights and assets which may now or in the future subsist anywhere in the world.
IPTV Delivery: means the delivery of broadcast quality television programming to television viewers using Internet Protocol by means of closed, secure or a private (or virtual private) network or networks (located in the Territory) over either (i) a fixed telecommunications system or (ii) a cable television system, in circumstances where such television viewers pay a regular periodic charge or charges for the right to access, and/or receive television programming and/or other services by means of, such closed, secure or private (or virtual private) network or networks which for the avoidance of doubt is not accessible on an unsecured basis via the worldwide web.
Mobile Wireless Technology: means any wireless telephony technology whether on a point to multi point or a point to point basis with radio frequency spectrum in any band, to enable or facilitate transmission (whether in real time or recorded) of textual material, data, voice, audio, video or multimedia services for reception and viewing on Devices including but not limited to: wireless technology employed in General Packet Radio Services (GPRS), the Global System for Mobile Communications (GSM), Wireless Application Protocol (WAP), Enhanced Data for GSM Evolution (EDGE), Wireless Fidelity (Wi-Fi), Wi Max and the Universal Mobile Telecommunication System (UMTS), so-called third generation or "3G" and "4G" systems and their related, derivative and/or successor systems and services or any combination of them.
Package: means the package of channels, which may vary from time to time and from country to country, that you have subscribed for viewing in the Territory as detailed in the Subscription.
Personal Use: means use of the Services at your Residential Premise or on your Device that is not for direct or indirect commercial exploitation or gain.
Redistributor means any third party that sells the TV Services or any part of the TV Services for transmission over its own network and/or through a Certified Set Top Box.
Residential Premise means a private home of a Residential Subscriber;
Residential Subscriber means a residential end user in the Territory who subscribes to the Channels to be delivered by a Certified Set Top Box and/or Smartcard at that person's Residential Premise in the Territory and which excludes any Commercial Subscriber.
Services: has the meaning set out in paragraph 2.1 of these Conditions.
Smart Card: means the card that permits you to view the Package as distributed by means of DTH Delivery in conjunction with a Certified Set Top Box.
Subscription: means the TV Subscription and/or the beIN SPORTS CONNECT Subscription which you have subscribed to.
- (a) In relation to the TV Services, the country as detailed in the TV Subscription; and
- (b) In relation to beIN SPORTS CONNECT, such country within the Covered Region as specified in your beIN SPORTS CONNECT Subscription.
TV Services: means the provision of your Package to your Residential Premise for viewing in the Territory through:
- (a) A Certified Set Top Box by means of DTH Delivery; or
- (b) IPTV Delivery.
TV Subscription: means the subscription setting out your application to subscribe to the TV Services, made between you and an Authorized Dealer and Redistributor authorizing you to receive the TV Services for your Personal Use at your Residential Premise subject to your compliance with these Conditions and which shall be deemed to form part of the Conditions.
2. The Services
- 2.1 The services shall include the Package provided to you by beIN under the Subscription, the TV Services, beIN SPORTS CONNECT and any other associated services that beIN may provide to you, as applicable, in the Territory for the Duration subject to these Conditions (the "Services").
- 2.2 You shall be entitled to use the Services for Personal Use only. Any content and any recordings of such content provided as part of: (i) the TV Services should only be viewed at your Residential Premise; and (ii) beIN SPORTS CONNECT should only be viewed in the Covered Region.
- 2.3 You must not access or use, nor allow any other person to access or use, any part of the Services for any improper or unlawful purposes including by modifying the Services in any way (such as by masking any logos).
- 2.4 You must not, nor allow any other person to, do any of the following:
- (a) make unauthorized or unlawful recordings of any content provided via the Services.
- (b) re-distribute or re-broadcast any content provided as part of the Services by beIN.
- (c) reproduce any recordings made from the Services.
- (d) display any content provided as part of the Services in retail, business or commercial premises or for any business or commercial purpose.
- (e) sell or make any charge for viewing or using any part of the Services.
- (f) show any part of the Services in public to an audience.
- 2.5 We aim to provide the Services continuously at a high quality however we do not guarantee that all Services will be available at all times.
- 2.6 beIN reserves the right at all times to downgrade, suspend, change, cancel and/or disconnect the Services or any part of the Services at any time at its sole discretion without prior notice or explanation.
- 3.1 Subject to clause 2.6, we will start providing the Services and these Conditions shall become effective and binding as of the date of activation of your Subscription provided that you fulfil any set-up, payment, activation or any other requirements requested by us, the Authorized Dealer, your Redistributor and/or your Certified Set Top Box provider, and shall continue for the Duration unless terminated in accordance with paragraph 7 of these Conditions.
4. Your Package
- 4.1 Your Package selection will determine the programming and other content that you can access as may be amended by beIN from time to time.
- 4.2 The programs/content that we provide as part of your Package is primarily supplied by third parties and their availability is outside our control. beIN accepts no responsibility for the availability of such programs/content and we reserve the right to add to, withdraw or replace any advertised programs at any time without prior notice. Any such additions, withdrawal or replacement of advertised programs shall not be a breach of these terms and conditions by beIN.
- 4.3 The picture quality and availability of the Package provided by your Redistributor is dependent on the quality of the broadcast and reception from that Redistributor. We are not responsible for this. Similarly, beIN cannot be held responsible for any issues, however arising, in connection with the provision of the Services including, without limitation, the picture quality and availability of any of the programs or channels.
5. Smart Card and TV Services
- 5.1 To receive the TV Services, the Authorized Dealer or beIN may provide you with a Smart Card and/or a Certified Set Top Box for the Duration of your Subscription . The Smart Card must be kept inside your Certified Set Top Box and the Certified Set Top Box must be connected to the mains supply at all times.
- 5.2 You may only use the Smart Card in a Certified Set Top Box at your Residential Premise in accordance with these Conditions. For the avoidance of doubt you must not use the Smart Card in any commercial premises including , without limitation, hotels, motels, clubs or retail premises of any kind.
- 5.3 The Smart Card remains the property of beIN at all times and, if requested by us, you shall return it to us by registered post at the expiration or termination of the Subscription.
- 5.4 You may not transfer, lend or otherwise hire-out your Smart Card to any other person and you shall remain responsible for ensuring the Smart Card is kept securely and used in accordance with its instructions at all time during the Duration of your Subscription.
- 5.5 The Smart Card must not be used outside of the Territory. If your Residential Premise changes at any time during the Duration of the Subscription, you must notify us immediately.
- 5.6 It is your sole responsibility to obtain a Certified Set Top Box and to ensure cabling, wiring, internet connection and any other connecting services as may be required for the use or access of your Package through the Smart Card, are in place.
- 5.7 We may give you instructions from time to time relating to the use of your Smart Card and/or the use of your Smart Card with the Certified Set Top Box. In order to continue to receive your Package you must comply with these instructions.
- 5.8 You must not tamper with your Smart Card or use it for any purpose other than viewing your Package at your Residential Premise.
- 5.9 If you fail to comply with any instructions we give under paragraph 5.7 or if we believe you are using your Smart Card in any way that breaches these Conditions or is in any other way which we have not authorized we may make the Smart Card invalid without prior notice to you and, at our discretion, suspend and/or terminate your Subscription without penalty.
- 5.10 The TV Service delivered via DTH Delivery or IPTV Delivery is provided to you via satellite, fixed telecommunications system or cable television system. We are not responsible for any suspension, interruption or non-availability of the TV Service or any part of the technical infrastructure used to deliver the TV Service to you however arising.
- 5.11 You are solely responsible for paying all expenses you may incur when you access or use the TV Services or any part thereof including charges of the service provider together with all costs of the equipment and software you need to connect to the TV Services. We make no guarantee that, and are not responsible if, your equipment or software is not compatible with the TV Services or if there is any interruption, suspension or cancellation of the same.
6. beIN SPORTS CONNECT
- 6.1 In order to receive beIN SPORTS CONNECT, you will need to enter into an beIN SPORTS CONNECT Subscription, register an account with us at the beIN Website and provide a username and security password.
- 6.2 You are solely responsible for keeping your account details and password secure and you must not disclose your username or security password to any third party. You are responsible for all activity that occurs on your account. We will not be responsible for any activity on your account whether or not it is undertaken by you.
- 6.3 If you know or suspect that your username and/or security password has been compromised or you suspect that your account has been breached by an unauthorized third party, you must tell us and change your security password immediately.
- 6.4 You may be able to access beIN SPORTS CONNECT through a limited number of Mobile Wireless Technology connected or broadband internet connected Devices in the Covered Region. These Conditions apply to your use of and access to beIN SPORTS CONNECT and any other associated services we may provide to you for use on a compatible Device. beIN SPORTS CONNECT may not be available on every type of Device.
- 6.5 Provision of beIN SPORTS CONNECT in the Covered Region may vary from time to time on a country by country basis. We may suspend and/or terminate the provision of beIN SPORTS CONNECT in some of the countries in the Covered Region at our sole discretion. You will not have access to beIN SPORTS CONNECT outside of the Covered Region.
- 6.6 To access and use beIN SPORTS CONNECT you must:
- (a) ensure that your Device meets the minimum hardware and software requirements currently detailed athttp://www.en.beinsports.com/FAQ, as updated by us from time to time;
- (b) only access and use beIN SPORTS CONNECT via your Device in the Territory.
- (c) follow our reasonable instructions in relation to how you use beIN SPORTS CONNECT as updated by us from time to time.
- (d) not use beIN SPORTS CONNECT for any unlawful or improper purposes and not allow any other person to do the same
- (e) access and use beIN SPORTS CONNECT at all times in accordance with these Conditions.
- 6.7 beIN SPORTS CONNECT is provided to you via Mobile Wireless Technologies and/or a broadband internet connection. We are not responsible for any suspension, interruption or non-availability due to your Mobile Wireless Technology or broadband internet connection.
- 6.8 You are solely responsible for paying all expenses you may incur when you access or use beIN SPORTS CONNECT or any part of beIN SPORTS CONNECT including charges of the service provider together with all costs of the equipment and software you need to connect to beIN SPORTS CONNECT. We make no guarantee that, and are not responsible if, your equipment or software is not compatible with beIN SPORTS CONNECT or if there is any interruption, suspension or cancellation of the same.
- 6.9 We do not guarantee that beIN SPORTS CONNECT or any part of beIN SPORTS CONNECT will always be available or be uninterrupted, secure or free from bugs, errors, omissions or content that might be harmful for the proper functioning of your Device.
- 6.10 You are responsible for enabling and/or installing any required apps or software and to follow prerequisites for uninterrupted viewing of beIN SPORTS CONNECT.
- 6.11 We may suspend or terminate your access to beIN SPORTS CONNECT without notice at any time.
- 6.12 We may suspend or terminate your Subscription without notice at any time, if in our sole discretion your use of beIN SPORTS CONNECT is in violation of any of these Conditions.
- 6.13 If you wish to terminate your beIN SPORTS CONNECT Subscription, you must notify us within five working days of the due date of the next Subscription payment, or the date of renewal of the current Subscription, whichever is sooner. The termination will only take effect at the expiry of your current Subscription and after informing us of your intention to terminate by contacting Customer Service team via our Contact Center page, or through your "My beIN" page.
- 6.14 You will not be entitled to any refund for the remaining period of your Subscription. We therefore recommend that you terminate your Subscription within the 5 days’ period as described in the paragraph above. If you feel however that you may be entitled to a partial or total refund of the Subscription payment, please contact Customer Service team via our Contact Center page. Refunds will be considered on a case by case basis and at our sole discretion.
7.Termination of the Subscription
- 7.1 Subject to clause 2.6, the Subscription is valid for the Duration subject to our right to terminate without notice and with immediate effect, at our sole discretion.
- 7.2 If the Subscription is terminated by beIN due to your breach of the Conditions prior to the expiry of the Duration, beIN reserves the right to seek compensation and/or damages from you in addition to any other amounts it may be owed under these Conditions or otherwise.
- 7.3 Upon expiration of the Duration or, if applicable, termination of the Subscription by us, your Smart Card will become invalid, you shall not be entitled to receive any of the Services until you enter into a new subscription with us.
8 Data Protection and Privacy
9. Parental Guidance
- 9.1 The content of the Services you have chosen may contain content you consider not to be suitable for young audiences. If you permit a child access to (i) such content; or (ii) your Device to access beIN SPORTS CONNECT you are solely responsible for deciding whether or not that content is appropriate for that child to view. We shall not be liable or responsible for your decision.
10 Our Liability
- 10.1 beIN will not be liable to you for any reason whether under these Conditions, your Subscription or otherwise, including without limitation, for:
- (a) any faulty Smart Card however caused including, without limitation, as a result of your unauthorized actions, negligence or failure to follow our instructions in accordance with these Conditions.
- (b) use of the Smart Card in any set top box or other decoding device other than a Certified Set Top Box.
- (c) any fault in any receiving device which is not a Certified Set Top Box.
- (d) any failure to provide the Services or any part of the Services caused by events outside of our reasonable control.
- (e) any bugs, viruses or any other malicious code, files or programs that might be harmful for the proper functioning of your Device due to access and use of beIN SPORTS CONNECT.
- (f) any software malfunction of beIN SPORTS CONNECT; or
- (g) any loss or damage caused by our employees or agents in circumstances where:
- (1) there is no breach of a legal duty of care owed to you by us or any of our employees or agents.
- (2) such loss or damage is not a direct or reasonably foreseeable result of such breach; or
- (3) any increase in loss or damage results from a breach by you of any terms of the Subscription or these Conditions.
- 10.2 beIN does not accept liability for: i) any losses, costs, liabilities, damages or expenses which may arise directly or indirectly if you cannot receive the Services for any reason; or ii) any delay in, or failure of, the receipt of the Services for any reason.
- 10.3 beIN 's liability shall not, in any event, exceed the total monetary value of the Subscription.
- 10.4 beIN shall not, in any event, be liable for any exchange rate fluctuations that may arise as a result of Subscription payments being made by the Subscribers to the beIN SPORTS CONNECT Service that reside in different Territories within the Covered Region. All payments to beIN shall be made in US Dollars.
- 10.5 beIN reserves the right, at its sole discretion, to amend the price of either the Services from time to time.
11.Copyright and IPR
- 11.1 We are the owner or the licensee of all IPR in all aspects of the Services and the Smart Card. All present and future copyright, trademarks, design rights, patents, and any other IPR (registered and unregistered) in and on the Services and Smart Card is owned and/or controlled by beIN. Nothing in these Conditions grants you a right or license to use any IPR owned or controlled by beIN or any other third party except as expressly provided in these Conditions.
- 11.2 When you access and use the Services and the Smart Card, we grant to you a non-exclusive, non-assignable, non-transferable, non-sub-licensable licence to use the Services and the Smart Card in accordance with these Conditions. We reserve the right to terminate this licence for any reason
- 11.3 You must not directly or indirectly (whether on your own behalf or in conjunction with any third party) reverse engineer, decompile, disassemble, adapt, modify, copy, distribute copies, download or attempt to hack or access the Services or to reproduce, lend, hire, rent, perform, sub-licence, make available to the public, create derivative works from, broadcast, commercially exploit, transmit or relay any part of the programs contained in your Package. You may only use the Services for private use and shall ensure that they are not accessible by the general public or in a communal viewing area.
- 11.4 You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Conditions, or to establish, perfect, preserve or enforce our rights under these Conditions.
- 11.5 The Services are protected by copyright laws and treaties around the world. All rights are reserved in respect of any IPR infringement.
12 Promotion, Advertising and Links to Third Party Sites
- 12.1 As part of your access and use of the Services, you may enter into dealings or participate in promotions with various third party advertisers, such dealings and promotions are between you and such third party only. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as a result of the presence of such third parties on the Services.
- 12.2 beIN SPORTS CONNECT may present links to third party websites not owned or operated by us, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, or any use of personal data by such third party.
13 Changes and Additional Conditions
- 13.1 beIN may amend these Conditions and the Services from time to time at its discretion and at any time to comply with law or to meet our changing business requirements without notice to you.
- 13.2 If any Additional Conditions are made, they will be made available on the beIN Website. By continuing to use the Services, you agree to be bound by the terms of these updates and amendments. If there is any inconsistency between these Conditions and the Additional Conditions, the Additional Conditions shall prevail. It is your responsibility to refer to and comply with these Additional Conditions.
- 14.1 You acknowledge that the provision of unauthorized access to the Package or any program or other content through any means is an illegal act that causes beIN considerable damage. In the event that beIN determines that you are or were engaged in any unauthorized access/distribution of such content beIN may immediately terminate the Subscription and the Services and may seek reasonable compensation including, without limitation, damages as appropriate.
- 14.2 beIN reserves the right to refer you to the relevant authorities for criminal prosecution, including imprisonment and fines, in accordance with the law or to take any other action that is legally available to compensate beIN for your actions.
15. Transfer of Agreement
- 15.1 beIN reserves the right to partly or wholly transfer the rights and/or the obligations under these Conditions to any third party at any time during the Duration and without notice.
- 15.2 The Conditions are personal to you. You may not transfer your rights or obligations under these Conditions to any third party and no third party is entitled to benefit under these Conditions other than you.
16 Law and Jurisdiction
- 16.1 These Conditions and any dispute or claim arising out of or in connection with it is governed and shall be construed in accordance with the laws of the State of Qatar. These Conditions shall be subject to the exclusive jurisdiction of the courts of the State of Qatar.