Courtside 1891 – Website Terms and Conditions
Welcome to the Official ‘Courtside 1891’ website.
Please read the following terms and conditions (the ”Terms and Conditions”) carefully before using this website. These Terms and Conditions explain how you may use this website or any sub-site, as well as any related mobile or web applications (the “website”). These Terms and Conditions also set out the terms on which you may create an account and / or subscribe to our streaming services (the “Services”) and access subscriber-only content (“Content”). By using this website, or by subscribing to any of the Services, the user ("user" or "you") accepts, without limitation or qualification, the Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you should exit the website and not use the Services.
We may update these Terms and Conditions from time to time. Where required, we will notify users of any material changes to the Terms and Conditions by email. Your continued use of this website and/or the Services implies that you accept to be bound by any updated version of the Terms and Conditions.
These Terms and Conditions were most recently updated on 16 February 2022.
1. Who we are and how to contact us
1.1. Who we are. the website is owned and operated by Fédération Internationale de Basketball (“FIBA”, “we”, “us”, “our”). FIBA is a private, not-for-profit, association, governed by Swiss law and registered in Switzerland, located at Patrick Baumann House of Basketball, 5, Route Suisse 1295 Mies, Switzerland.
1.2. Our partner. We currently engage Stream UK Media Services Limited (“the Provider”) to operate certain support services on the website, including but not limited to, the management of the relationship with you, the customer care services and relationship issues. Your contract (as described in clause 8 below) is still with us, but certain elements will be provided through the Provider.
1.3. How to contact us. You can contact us through the customer contact form available on the FAQs page of this website. (https://www.courtside1891.basketball/faqs)
1.4. How we may contact you. If we have to contact you, and you have subscribed for our Services, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2. Other terms may apply to you
2.1. These Terms and Conditions refer to the following additional terms, which also apply to your use of the website:
2.1.1. Our Privacy Policy (https://www.courtside1891.basketball/privacy-policy) which set out information about how we use your personal data.
2.1.2. Our Cookie Policy (https://www.courtside1891.basketball/cookie-policy), which sets out information about the cookies on our site.
3. We may make changes to the website
3.1. We may update and change the website from time to time to reflect changes to the Services, our users' needs and our business priorities and other business reasons.
3.2. We will use our reasonable endeavours to ensure that the Services are made available to you at all times. However, the Services are provided on an "as is" basis. We do not guarantee that any particular Service will be available at all times.
3.3. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
4. Eligibility
4.1. You must be at least 18 years old to purchase Services or the age of majority in your state, province or territory of residence (the “Age Requirement”). We cannot contract with individuals who do not satisfy the Age Requirement.
4.2. You must be an individual. We contract with you as a consumer – that is you are acting as an individual and not in the course of trade or in the conduct of your profession.
5. General terms of use
5.1. We are the owner or the licensee of all intellectual property rights in the website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2. Any material provided on the website is for your personal and non-commercial use only. If you have subscribed to the Services, we grant you a limited, non-exclusive, non-transferable, licence to access the Services and view the Content.
5.3. Except for the foregoing limited licence, no right, title, or interest shall be transferred to you. You may not reproduce or modify any of the material published on the website (including any Content) in any way without our prior written permission.
5.4. Unless expressly stipulated otherwise, nothing in these Terms and Conditions shall be interpreted as granting any intellectual property rights or licenses to such rights to you. No act of downloading or otherwise copying or reproducing material (including any Content) from the website will transfer any right or title to you.
5.5. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the website or any services provided via, or in relation to, the website. This includes using (or permitting, authorising or attempting the use of):
5.5.1. Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information or services accessed via the same.
5.5.2. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
5.6. The provisions in clause 5.5 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
5.7. You may not use the website:
5.7.1. In any way that breaches any applicable local, national or international law or regulation.
5.7.2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
5.7.3. To knowingly or recklessly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.8. You also agree not to access without authority, interfere with, damage or disrupt, alter, disassemble, decompile or reverse engineer:
5.8.1. any part of the website;
5.8.2. any equipment or network on which the website is stored;
5.8.3. any software used in the provision of the website;
5.8.4. any equipment or network or software owned or used by any third party; or
5.8.5. any part of the Services.
6. Requirements on you
6.1. Account details. If you choose, or you are provided with, a user identification code, password and/or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
6.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at courtside1891help@streamamg.com.
6.4. Information provided by you. We may need certain information from you so that we can supply the Services to you, for example, your name; age; address; location; and payment details. If so, this will have been stated in the description of the Services or on our registration/order form. We may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 13.1.2 will apply). We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. It is your responsibility to inform us of any changes to your details. To update your details please contact us / login to your account at https://auth.courtside1891.basketball/auth/realms/fiba-courtside/account.
6.5. Technical requirements. The quality of the display of the streaming of Content may vary from computer to computer, and 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. You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services and Content.
7. Our Services
7.1. The Services are provided in different formats. These are further detailed on the product description pages of the website, but include:
7.1.1. The ‘Courtside Plus’ service, which is a free account where you can follow your favourite teams and leagues and access some Content from time-to-time, at our discretion;
7.1.2. The ‘Max Annual Pass’ which is a paid for service allowing access to Content for a period of one year from the date of our acceptance of your order (the “Initial Term”);
7.1.3. The ‘Max Event Pass’ which is a paid for service allowing access to Content related to a specific event for a period specified at the point of purchase; and
7.1.4. The ‘Discount Max Annual Pass’ which is a paid for service allowing access to Content for a period commencing on the date of our acceptance of your order until 31 December in that same calendar year.
8. Our contract with you
8.1. Submitting an order. In submitting an order, you are entering into a legally binding contract with us to purchase the specified Services. Where payment is specified as required, the contract is conditional on payment being authorised by your card issuer/payment provider or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Terms and Conditions.
8.2. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
8.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This might be for reasons including unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we have identified an error in the price or description of the Services.
8.4. Auto-renewal. The Annual Subscription has an option for you to select auto-renewal. If you select auto-renewal and you do not opt out of the auto-renewal option prior to the expiry of the Initial Term in accordance with these Terms and Conditions, the Annual Subscription will be automatically extended for a period equal to the length of the Initial Term. This will happen each year unless or until your Annual Subscription is cancelled by either us or you in accordance with these Terms and Conditions. Each such extension is a “Renewal Term”.
9. Our right to make changes to the Services
9.1. Minor changes to the Services. We may change the Services:
9.1.1. to reflect changes in relevant laws and regulatory requirements; and
9.1.2. to implement minor technical adjustments and improvements, for example to address a security threat. Our aim is that these changes will not affect your use of the Services.
9.2. More significant changes to the Services and these Terms and Conditions. In addition, we may make material changes to these Terms and Conditions or the Services, but if we do so we will notify you and, if the change is materially detrimental to you, provide you with a period of time in which to contact us to end the contract before the changes take effect and receive a refund for any Services paid for but not received.
9.3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always materially match the description of it that we provided to you before you subscribed for it.
10. Provision and suspension of the Services
10.1. You may only access the Services on up to a maximum of 3 devices simultaneously, as long as each device is connected to the same internet protocol address.
10.2. Please also note that certain Content may vary based on your geographic location, the bandwidth available through and/or speed of your Internet connection. It may be that for legal or contractual reasons, certain Content may not be available in your geographic location. You acknowledge and agree that we are not obliged to provide you with any specific Content under these Terms and Conditions.
10.3. We are not responsible or liable for delays or disruptions outside our control. If our supply of the Services or Content is delayed or disrupted by an event outside our control (including but not limited to: game delays or cancellations; application of our broadcast policy (which prohibits broadcast of FIBA basketball games and other licensors under certain circumstances and in certain areas); technical problems or network delays; program rescheduling; or other reasons), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or disruption.
10.4. Reasons we may suspend the supply the Services. We may have to suspend the supply of a Service to:
10.4.1. deal with technical problems or make minor technical changes;
10.4.2. update the Services to reflect changes in relevant laws and regulatory requirements; and/or
10.4.3. make changes to the subscription product as requested by you or notified by us to you.
10.5 Your rights if we suspend the supply of the Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services:
10.5.1. in the case of an Annual Subscription or Discount Annual Subscription, for longer than 5 days in any calendar month we will adjust the price so that you do not pay for Services while they are suspended. If we suspend the Services (or tell you that we are going to suspend the Services) for a period of more than 1 month, you may contact us to end the Annual Subscription or Discount Annual Subscription and we will refund any sum you have paid in advance for the Services in respect of the period after you end the contract; and
10.5.2. in the case of an Events Pass, for longer than 2 days during the term of the Events Pass, we will adjust the price so that you do not pay for Services while they are suspended.
10.6. We may also suspend supply of the Services if:
10.6.1. in the case of auto-renewal of an Annual Subscription, you do not pay. If you do not pay us for the Services when you are supposed to and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services; or
10.6.2. your use of the Services is abusive, excessive or against the interests of other subscribers, or in breach of these Terms and Conditions, or if we are requested to do so by a regulatory authority.
11. Your rights to end the contract
11.1. Which rights apply. If you wish to cancel your Plus Services, then you may do so at any time for any reason by [contacting us / closing your account in accordance with the instructions on the online account]. If you wish to cancel any other Services, then the rights in the remainder of this clause 11 apply.
11.2. Ending your contract with us. Your rights when you end the contract will depend whether there is anything wrong with the Services, how we are performing and when you decide to end the contract:
11.2.1. If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.3;
11.2.2. If you have just changed your mind about the Services, see clause 11.4; or
11.2.3. If you have subscribed to the Annual Subscription and wish to cancel the auto-renewal, see clauses 11.4 and 11.5
11.3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 3.1 to 11.3.5 below the contract will end immediately and we will refund you in full for any Services which you have paid for but which have not been provided. The reasons are:
11.3.1. we have told you about an upcoming materially detrimental change to the Services or these Terms and Conditions which you do not agree to;
11.3.2. we have told you about an error in the price or description of the Services you have ordered which is materially detrimental to you and you do not wish to proceed;
11.3.3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
11.3.4. we have suspended supply of the Services under clause 10.5; or
11.3.5. you have a right to end the contract under applicable law because the Services do not work correctly, or because of something else we have done wrong.
11.4. Your right to change your mind. For some products bought online you have a legal right to change your mind within 14 days of the date of your order (and, in the case of auto-renewal of an Annual Subscription, within 14 days of the date of renewal) and receive a refund of any paid amount. You do not have a right to change your mind in respect of digital products after you have started to download or stream these. The Services are for digital products, this means you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
11.5. Cancellation of auto-renewal of an Annual Subscription. We will notify you at least 14 days before the upcoming renewal by email to the last registered email address about the impending renewal and giving you the possibility to cancel your Annual Subscription beforehand. You may cancel your Annual Subscription by contacting us / logging in on the “My Account” page and clicking on the "Cancel Subscription" button. You may cancel your Annual Subscription at any time prior to the expiry of the then-current Initial Term or Renewal Period (as applicable), but you will continue to have access to the Annual Subscription for the remainder of the then-current Initial Term or Renewal Period (as applicable). We do not refund any subscription fees already paid in case of your cancellation.
11. 6. You do not have the right to end the contract other than for the reasons set out in this clause 11.
12. How to end the contract
12.1. Tell us you want to end the contract. To end the contract with us (where you have the right to do so), please let us know by contacting us through our Customer Service team available at: courtside1891help.streamamg.com.
12.2. How we will refund you. We will make any applicable refund by the method you used for payment.
12.3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and you have such a right then your refund will be made within 14 days of your telling us you have changed your mind
13. Our rights to end the contract
13.1. We may end the contract if you break it. We may end the contract for the Services at any time by writing to you if:
13.1.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
13.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
13.1.3. you do not meet the eligibility requirements in clause 4 or you otherwise breach any term of these Terms and Conditions.
13.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we may refund any money you have paid in advance for the Services we have not provided but if we do so we may (without prejudice to our other rights) deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3. We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services to you. We will let you know at least one week in advance of our stopping the supply of the Services to you and will refund any sums you have paid in advance for Services which will not be provided and if the applicable law entitles you to it, the corresponding compensation.
14. If there is a problem with the subscription product
14.1. How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact our customer service team at: courtside1891help.streamamg.com.
15. Price and payment
15.1. Where to find the price for the Services. The price for the relevant Service (which includes VAT or equivalent local sales tax) will be the price indicated on the order pages when you placed your order. Furthermore, once you purchase the subscription product, you will be provided with the above mentioned information. We take all reasonable care to ensure that the price of the subscription product advised to you is correct. However please see clause 15.4. for what happens if we discover an error in the price of the subscription product you order.
15.2. Price of auto-renewals of Annual Subscription. Where an Annual Subscription is subject to auto-renewal, the price for each Renewal Term, unless stated otherwise, will be 15% higher than the full retail price that a new subscriber would pay as indicated on our order pages at https://www.courtside1891.basketball/choose-a-package.
15.3. We will pass on changes in the rate of VAT or local sales tax. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
15.4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, and refund you any sums you have paid in relation to any period after the end of the contract.
15.5. When you must pay and how you must pay. Payment for Services must be made by MasterCard, Visa, Visa Delta JCB, American Express cards or PayPal or promotional or subscription code (as indicated in each case) or any other payment method that we expressly accept from time to time. You confirm that the credit/debit card or bank account or code which is being used is yours, or that you have the authorisation of the card or code holder to use it. All account and credit/debit card holders are subject to validation checks and authorisation by the card issuer. You must pay for the Services before you download or stream them. In respect of any Annual Subscription subject to auto-renewal, you must pay for the Renewal Term prior to the start of the Renewal Term, and if you have provided us with the necessary details, we will take the relevant payment from your account.
16. Our responsibility for loss or damage suffered by you
16.1. 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, but we are 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.
16.2. 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 wilful misconduct or our gross negligence; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the subscription products resulting from our wilful misconduct or gross negligence. Subject to the forgoing, we (as well as our corporate bodies, employees or subcontractors) shall not be liable to you and any third party, whether in contract or in tort, for any damages arising out of any breach of these Terms and Conditions by us or any third party involved in the performance of the Services (including our employees, agents or subcontractors), including in case of wilful misconduct or gross negligence of those third parties.
16.3. Defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.4. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services 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.
16.5. Third party content. Where the website contains links to sites and resources provided by third parties, we have no control over the contents of those sites, resources or services. Any use of such third party sites, resources or services will be covered by that third party's terms and conditions and privacy policy, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. How we will use your personal information
We will use and disclose your personal information only in accordance with our Privacy Policy (https://www.courtside1891.basketball/privacy-policy).
18. Other important terms
18.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation. For example, we may use third party service providers such as vendors, contractors, agents or sponsors to operate, develop or help us manage or provide the subscription products. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2. You may not transfer your rights or your obligations under these Terms and Conditions to another person.
18.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5. Even if we delay in enforcing this contract, 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 subscription products, we can still require you to make the payment at a later date.
18.6. Governing law and jurisdiction. Except as otherwise provided by the mandatory laws of your country of residence, these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of Switzerland.
Any dispute arising from or related to these Terms and Conditions including disputes as to its validity, binding effect, amendment and effective termination will be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved definitively in accordance with the Code of Sports-related Arbitration. The language of the arbitration will be English.