TT+ LIVE PASS PURCHASE POLICY

The TT+ Live Pass is an official Isle of Man TT Races digital product which gives access to VOD and live streaming of the Isle of Man TT Races in a pay per view mode (hereinafter, the TT+ Live Pass).

The TT+ Live Pass is available through different platforms such as the website ttplus.iomttraces.com, the TT+ app, via ROKU TV, Android TV, and others (hereinafter, the Platforms).

By purchasing and accessing the TT+ Live Pass, you expressly agree and accept to be bound by this Purchase Policy and by the general Terms and Conditions of the relevant Platforms.

The website ttplus.iomttraces.com is operated by Vimeo OTT on behalf of the Isle of Man Government Department for Enterprise (hereinafter, IOMG DFE). For the sake of clarity, other Platforms operated by third parties may have its own applicable terms and policies for the TT+ Live Pass purchase.

Purchasing and/or accessing TT+ Live Pass also implies the acceptance of IOMG DFE’s Privacy Policy.

It is hereby expressly agreed that if you violate this Purchase Policy or any other applicable terms, your use of the TT+ Live Pass may be terminated and we may bar you from any future use of the TT+ Live Pass, cancel your TT+ Live Pass and/or take appropriate legal actions against you.

We or us are the entity selling the TT+ Video Pass, IOMG DFE, and you are the person acquiring the TT+ Live Pass.

TT+ Live Pass Purchase Policy contain the following clauses:

1. TYPES OF TT+ LIVE PASS

When purchasing TT+ Live Pass different types of TT+ Live Pass may be available. The differences between one type of TT+ Live Pass or another may be the term of the subscription, the Content that is included, the price or the renewal conditions among others.

The features of the TT+ Live Pass that is being purchased are defined during the purchase process and the confirmation mail. Nevertheless, doubts related to the type of TT+ Live Pass that has been purchased will be clarified at any time by contacting ttplus@iomttraces.com.

2. T&C AND POLICY ACCEPTANCE

All TT+ Live Pass are offered subject to Platforms Terms and Conditions. You should read carefully the relevant Terms and Conditions and this Purchase Policy prior to confirming your order. Any queries relating to them should be raised prior to purchase, as confirming your order constitutes acceptance of the Terms and Conditions and Policy.

In exceptional and specific cases, the User may not have to confirm an order. However, the mere access to TT+ Live Pass Content constitutes full acceptance of this Purchase Policy and the applicable Platform Terms and Conditions.

Should any of the clauses of this Purchase Policy be in conflict to those included in the relevant Platform Terms and Conditions, then such Platform Terms and Conditions shall prevail before this Purchase Policy.

2. ACCESS TO THE CONTENT

Once your subscription is activated by Vimeo OTT and IOMG DFE, you may have access to audiovisual Content offered via the Platforms in Pay-Per-View form. You will only have access to view said Content whilst connected to the Internet, for as many times as contracted and whilst connected to the Platforms (Streaming never downloading). You are not authorised to copy said Content to any computer or any other storage device, nor distribute it, or help to be accessed, to third parties for free or for financial gain. If this is contravened, then the User acknowledges to be abided with any corresponding claim that may arise, and IOMG DFE will be allowed to block access and, if applicable, retain any payment as a deposit to compensate for part of the inflicted damage.

3. PRICE AND PAYMENT

The price of each TT+ Live Pass shall be the price set at the time we accept your order; which order could be either a first purchase or any automatic or successive renewal (even of a recurring payment). All prices are exclusive of any tax. Only for purchases made within the European Union, the given price includes VAT. You shall pay through one of the pay platforms offered by the Platforms once you are ready to pay. The Platforms will automatically offer you any different option available for you to choose from, the first time or any time you enter into your account to change your paying option. Unless otherwise established, the price will be in US Dollars and any currency exchange shall be done by your bank, credit card or selected method; please check with them the rate of exchange plus any commission or charge.

In case of recurring payment, automatic renewal or other periodic payments, your selected paying method will charge you with the periodicity selected until you cancel such payments according to what is established in such each corresponding special conditions. Bear in mind that recurring payments, depending on the circumstances could not be cancelled on a short notice and, unless done with the sufficient agreed time, your next (and last) recurring payment must be charged on the agreed date.

5. DIFFERENT TYPES OF TT+ LIVE PASS SUBSCRIPTIONS

You recognise that access to Content under the Pay-Per-View manner may be contracted for a certain seasonal package. Before buying any given TT+ Live Pass, the information about what it entails such TT+ Live Pass (duration and Content) will appear in the screen for you to read. In case of automatic renewal or other recurring payment, you abide by the payment conditions, including early cancellation.

6. CONTENT ACCESSIBLE THROUGH YOUR TT+ LIVE PASS

You recognise and accept that access to the Platforms may suffer interruptions, and that in certain moment access to specific or all TT+ Live Pass Contents may not be available.

Before purchasing your TT+ Live Pass, you shall read what Content is accessible for that kind of TT+ Live Pass with the information that either appears on the screen before selecting each type or into the renewal e-mail sent to you.

Regarding the language of the TT+ Live Pass Content, please note that the live commentary is available in English only. Interviews may be available in English or in the interviewee’s chosen language.

7. TECHNICAL FORMAT OF VIDEOS

The Content might be available in HD format, both live and on-demand. However, the Platform delivers the quality established depending on your bandwidth and choosing.

If the user is accessing to TT+ Live Pass Content through a mobile device, please note that the viewing experience may vary depending on the internet connection, device and/or OS. If the user is experiencing problems viewing certain Content on iPhone, iPad or other mobile devices we suggest using a computer/laptop.

8. DATA TO BE SUPPLIED

You should supply the data required for buying and maintaining each TT+ Live Pass and for receiving the activation of the account in order for the process to take place. Such data has to be supplied when necessary, either be: (i) with the first purchase (including free trials or similar offers); (ii) when changes of any of your data occur; and (iii) anytime when IOMG DFE or Vimeo OTT so requires due to regulation and the data previously supplied is considered incomplete.

If you do not provide all necessary data: (a) the process will either not be completed and we will have no obligation to activate your account for log in; or (b) your account may be deactivated until the necessary required data is supplied.

Any data provided by you to us will be used by IOMG DFE or Vimeo OTT according to the Privacy Policy and the Terms and Conditions of the Platforms and to provide you the services agreed. May you want to exercise any of your rights concerning the processing of your data by us or should you have any query regarding privacy and data protection from us, you can contact IOMG DFE’s data protection officer at dpo-dfe@gov.im.

It is your responsibility to inform us of any change to the contact address or e-mail to the data provided to us: either by updating yourself your TT+ account profile; or by contacting us at ttplus@iomttraces.com.

The data related to the payment method, such as credit card data, shall be provided to the payment platform, which company (not pertaining to IOMG DFE or Vimeo OTT) is responsible for such data, either during the first purchase or at any time that you change such data (like credit card number). The method of payment can be changed by user at any time be acceding its profile.

9. DEACTIVATION OF TT+ TT+ LIVE PASS

Once the first payment process has been initially successful you will receive an e-mail informing you that your account has been granted access to the TT+ Live Pass that you have acquired. Bear in mind that the account validation is mandatory in order to have access to TT+ Live Pass.

From that moment you should be able to connect (logging) and access the streaming of the videos included in the TT+ Live Pass purchased. Once you have received such e-mail, you must read it carefully to check every detail because, for instance, if the TT+ Live Pass purchased and the one confirmed are not the same, you are not allowed to claim for any change, refund or compensation other that as stated in the issuing instructions, if any. Should the e-mail not be read by you because of your fault (wrong e-mail address supplied, not opening the e-mail or other cause), IOMG DFE shall never refund or compensate.

10. USE OF ACCOUNT FOR THE TT+ LIVE PASS

You have to follow the instructions in the Platforms in order to log in and visualize the TT+ Live Pass Content (among other enter your email and password). The use of TT+ Live Pass is personal, private, individual and non-transferable. The subscription to a TT+ Live Pass gives access only to the natural person linked to the TT+ account. You are not allowed to share your account with any other person. For the sake of clarity, the foregoing prohibits reselling, distributing, giving away or transferring, even for free, the TT+ Live Pass.

Should your account be used by more than one (1) IP address (or in exceptional cases the allowed number) at the same time, you forfeit your right and acknowledge that more than one person is using the same account.

If your account is being used by more than one IP address, we may issue you a new account or password, cancelling the previous one, or cancel your TT+ Live Pass immediately for infringing this Policy.

The allowed number of connected IP addresses shall never be (unless otherwise established when purchasing or renewing) more than one (1) simultaneously.

On the same basis, if different members of one company or institution wish to have access to TT+ Live Pass, each one of them will have to purchase it individually from their respective personal TT+ accounts. It is not permitted to share and use the same TT+ account and access to TT+ Live Pass between different members of a group.

As mentioned above, the TT+ Live Pass is restricted to personal and private use which excludes and prohibits the possibility of reproducing TT+ Live Pass content in public spaces or to any private audience.

11. CANCELLATIONS AND REFUNDS POLICY

11.1 RIGHT OF WITHDRAWAL WITHIN 14 DAYS

When TT+ Live Pass is cancelled by the user within fourteen (14) calendar days after the purchase, right to a full refund may arise provided that the TT+ Live Pass content has not been consumed. For the sake of clarity, the mere access to the TT+ Live Pass Content may entail the loss of the right before mentioned. 

In case the period of 14 days mentioned above has expired, or the Content has been consumed, no refunds (neither total nor partial) will be applied by IOMG DFE.

In order to exercise the right of withdrawal hereinabove, the user shall contact ttplus@iomttraces.com.

11.2 RENEWAL CANCELLATION

For the cancellation of an automatic renewal or recurring charges TT+ Live Pass, you should always follow the instructions established when contracting such kind of TT+ Live Pass, which will always require to logging into your account, access to your profile and clicking where appropriate. The process shall be done before the agreed date. You can check such date by logging into your account.

Should you have any doubt regarding the renewal cancellation process, please, contact us at ttplus@iomttraces.com and we will help you.

11.3 CANCELLATION DUE TO THE EXERCISE OF PERSONAL DATA RIGHTS

Purchasing and accessing TT+ Live Pass involves data processing necessary for the provision of the service by IOMG DFE and Vimeo OTT, which every TT+ user shall accept.

Please bear in mind that exercising the right to withdrawal the consent to all data processing carried out by IOMG DFE and Vimeo OTT implies the cancellation of the relevant TT+ account and all its related data, that includes the TT+ Live Pass related to such account.

11.4 REFUNDS

TT+ Live Pass shall not be refunded after purchase except in exceptional cases.

However, IOMG DFE may offer a refund in exceptional cases when IOMG DFE decides at its own absolute discretion.

Where a refund is sought you must bring this to our attention, as soon as possible upon becoming aware of any circumstance that may arise your right to it. In order to claim your refund, if you have any right to it, please apply in writing to us to the following email address: ttplus@iomttraces.com.

Please bear in mind that exercising the right to withdrawal the consent to all data processing carried out by IOMG DFE and Vimeo OTT implies the cancellation of the relevant TT+ account and all its related data, that includes the TT+ Live Pass related to such account.

Bear in mind that any full refund might equal the selling price of the TT+ Live Pass purchased less any commission from the Pay Platform, your bank or any third party.

The refund shall only be made to the person who purchased the TT+ Live Pass and in case of full refund IOMG DFE shall use the same method as was used to purchase the TT+ Live Pass, in case of partial refund IOMG DFE will inform.

At IOMG DFE sole criteria, if the subscriber has a right to a partial refund, IOMG DFE will inform subscriber for its acceptance and the way to proceed with the partial refund.

12. VOID ACTIVATED ACCOUNT

Any activation obtained or account used in breach of this Policy or Terms and Conditions shall be void and all rights conferred by such activation shall be void. Any person seeking to use such a void activated account in order to gain or provide access to the TT+ Live Pass Content may be liable to legal action and, if already gained access, considered to be an infringer and may be liable to be prosecuted.

13. MISCELLANEOUS

In case that a Court or competent authority finds that any of the terms of this Purchase Policy cannot be enforced for any reason, this shall not prevent the other provisions from continuing to apply.

Nothing in this Purchase Policy shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between the parties beyond the contractual relationship established under this Purchase Policy.

IOMG DFE and Vimeo OTT will be permitted to modify in whole or in part the present Purchase Policy at any given moment, at its sole discretion and without prior notice to the relevant user.

Force Majeure. For the purpose of this Purchase Policy, “Force Majeure” means any cause beyond the control of one of the parties including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, electricity black-out, network or server failure, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, actions taken by the police, acts or regulations of national or local governments. IOMG DFE will not be liable to the user for failure to perform any obligation under this Purchase Policy to the extent that the failure is caused by Force Majeure.

IOMG DFE is entitled to assign any right and obligation under this Purchase Policy provided that the TT+ Live Pass users’ rights are not adversely affected.

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