At NowSport365, we’re committed to being transparent with our subscribers and users of our website (NowSport365.com) about what it means to be a subscriber, how we’ll be contacting you and what we do with your information.
This statement is our subscription terms and conditions for NowSport365. Please read it carefully before subscribing. If for any reason, you do not agree with these terms and conditions please do not subscribe to our website. In using our website, please note that you are agreeing to abide by our website terms of use.
For further information, or any questions regarding this statement should be directed to FAO: support@nowsport365.com
OFFER AND CANCELLATION
The membership offer for a NowSport365 subscription is $2.99 for 7 days or $7.99 for 30 days, and then you will be billed automatically for specific period. You will be billed the amount of your selected subscription. Subscription cost varies per territory and duration selected.
This service is billed automatically and can be cancelled at any time via the Membership Page.
WHO ARE WE AND WHO IS MY CONTRACT WITH?
We’re S&MI Ltd, the company behind NowSport365, the multichannel platform for Premium Sports Content. We provide content via our digital application (online and offline), on our website nowsport365.com and via direct e-Communications to our subscribers. We also offer advertising opportunities to brands looking to connect with small business owners.
Your contract for NowSport365 is held with S&MI Ltd
SUBSCRIBING AND CONTRACT FORMED
There are multiple ways to subscribe to NowSport365, including:
1) Visiting nowsport365.com/subscription
2) Emailing us: support@nowsport365.com
When you confirm your subscription (online, by email, phone or post) in each case you are acknowledging your agreement to these terms and conditions which enters you into a legal binding contract resulting in your contract being formed.
If you are a paying subscriber real time access to NowSport365 you are confirming your subscription once your payment has been processed and enters you into a legal binding contract resulting in your contract being formed.
You will receive confirmation of your subscription and/or payment via email within 1 days of agreeing to subscribe.
We reserve the right to not accept or process or fulfil the order, and a validation check will be carried out by us to check your identity and the bona fides of the order. If, for any reason, we are unable to process payment authorisation by your card issuer, or if we are unable to accept the order, we will notify you. If payment has already been processed, we will refund it to your payment card in full.
DELIVERY OF THE CONTENT
If you are subscribing NowSport365, we will deliver the site notifications and updates(s) to the email address given when you place the order.
You agree that we are not responsible if you have given us the incorrect or incomplete email address for delivery. You also agree that we will not refund the cost of any distributed content(s) that are delivered to the incorrect address given.
We ask that you notify us immediately if you change your email address so we can update your subscription delivery details.
You may not sell or authorise for sale or authorise others to sell the content(s) delivered to you, in whole or in part. You acknowledge that as between us and you, all intellectual property rights in the website and/or any part of it, are owned exclusively by us throughout the world for the full period of copyright.
DELAYED DELIVERY/NON-DELIVERY
We will not be held liable for any delay of delivery or non-delivery of content as a result of the following circumstances.
(i) Where payment has been refused via your card issuer and/or we are unable to process payment.
(ii) Where a delay or failure or failure to publish is due to unforeseen circumstances out of our control, or the control of our agents. This includes, but is not restricted to: postal strikes, labour disputes or malicious damage involving employees, strikes, legislative constraints, failure of transport infrastructure, failure of telecommunication links, utilities failure, fire, flood, government act, act of God.
CANCELLATIONS AND REFUNDS
Where a minimum term of 1-month subscription is ordered, cancellations are permitted at any time during the period, part cancellation or reimbursement of payment during the billing period will not be refunded. However, we allow an initial cancellation period of subscription at any time of formation of this contract. To cancel your subscription, please email: support@nowsport365.com and provide the reason for cancellation. You will receive a full refund, made in sterling. Your card provider may charge a fee to convert this back to your local currency.
PRICE GUIDELINES
Prices are clearly displayed online at nowsport365.com/subscription
Prices include delivery charge and VAT (where applicable). You will make a one-off payment on a monthly term within 7 (seven) days of formation of your contract. We reserve the right to increase or decrease our pricing at any time, and will occasionally run viewer offers and events promotions at a reduced price to attract new subscriptions (“Reduced Price Sales”).
The price which you agreed to for the 1-month subscription at that particular time is the price you are contracted at, and will not be increased or decreased for you during that 1-month period. You agree that you are not entitled to any refund of the subscription cost initially agreed in relation to Reduced Price Sales.
This subscription will automatically renew on a weekly or monthly basis, unless you notify us not less than 7 (seven) days in advance of the renewal date that you no longer wish to subscribe. We will also notify you at this time of any changes in price for the next subscription period.
If, for any reason, an error has occurred in terms of pricing you are offered for your order, we will notify you immediately. You will need to contact us to reconfirm the order, and if we are unable to contact you, it will be cancelled. If payment is taken incorrectly and processed twice, we will refund you the additional payment made.
AUTHORISATION OF PAYMENT
If you are not over 18 years of age or not using your own payment card, you must ask permission of the credit/debit card holder. By submitting payment, you are representing that you have obtained the express prior permission of the credit/debit card holder.
LIABILITY
Our liability to you in the event of any content being lost in despatch by us shall, at our discretion, be limited to replacement of the missing content at a later date.
We confirm that NowSport365 shall match the description of the product you purchased and that we will deliver the content to you using reasonable care and skill and within a reasonable period of the creation of each video.
To the extent permitted by law, we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury cause by our negligence or that of any of our employees or agents.
PERSONAL INFORMATION AND USE OF YOUR DATA
We use the personal and transactional information you supply to us to fulfil your subscription order. When you confirm your subscription we require your acceptance of the content of our privacy policy: PRIVACY POLICY.
With your consent, we may send you emails about our content, products, or services that could be of interest to you. We use Mailchimp as our email marketing platform to communicate with our subscribers and advertisers. Mailchimp offers a double opt-in service and full visibility of any of your information used by this service and the option to unsubscribe at any time which will delete any of your personal data.
We will only hold your data for as long as is necessary for us to fulfil your subscription and always in line with our privacy policy. We offer withdrawal of consent and deletion of your data at any time upon your request.
You have the right to ask for a copy of the information that S&MI Ltd hold about you.
If you want to unsubscribe, update your preferences, or request a copy of the information that we hold about you, you can do so in a number of ways:
Selecting the your choices by ticking the relevant boxes when you subscribe (online, by phone or at an event)
By email: support@NowSport365.com
SECURITY AND PROCESSING PAYMENT
We confirm that we use reasonable efforts to ensure that purchasing your subscription through us is completely safe and secure, but we shall not be responsible for any loss of data or any other loss in the event that such security is compromised. In particular, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the personal or payment information you provide us. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use by a third party.
If you pay using your credit card, debit card or PayPal account, your order is processed by Paypal. This is reputed to be one of the most secure online payment systems in the world. We would encourage you to read Paypal’s privacy statement to give you further information on how they use and keep your data safe.
We do not store credit card details, nor do we share customer payment details with third parties. Your bank or credit card statement will be processed under our company name, S&MI Ltd
VARIATION AND REVIEW OF THESE TERMS
We keep these terms under regular review. It was last updated in May 2019. We reserve the right to modify it at any time so would encourage you to regularly review it. Changes and clarifications will take immediate effect upon their posting to the website. If we make material changes to these terms, we will notify you here that it has been updated. Once we have communicated any such changes by email, or by updating our terms and conditions online you will automatically be bound by the revised terms and conditions.
GOVERNING LAW
These terms and conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts, notwithstanding the jurisdiction where you are based.
QUESTIONS AND CONTACTING
If you would like to contact us about your subscription, register a complaint or would like further information about this statement or any information on our website please email support@NowSport365.com
We obtain your details when you use our website, for example, when you access the latest content in our website, contact us about our products/services or if you subscribe to NowSport365 and/or our weekly e-Newsletter. We also may collect your details upon meeting at an event, or within a phone call, where you consent to us doing so.
WHAT TYPE OF INFORMATION IS COLLECTED FROM YOU?
The personal data we collect from you may include: your name, address, email address, contact number(s) and IP address. We also may collect information from you surrounding your ‘area of interest(s)’ this includes what content/services that are of interest to you, as well as pages you have visited on our website. If you pay to subscribe to NowSport365, your payment details are not held by us, it is collected by a third party payment secure payment provider.
HOW IS YOUR INFORMATION USED?
We may use your information to:
Complete any subscription requests to NowSport365
Complete any advertising requests on NowSport365
Complete any press release requests on NowSport365
Send you relevant content updates that you have requested, and may be of interest to you
Send you relevant products/services that you have requested, and may be of interest to you
Invite you to an event that you have requested, and may be of interest to you
Seek your views/comments on the services that we provide
Request that you update your preferences
Notify you of changes to our services
Process a job application
Process a comment on our content
WHO HAS ACCESS TO YOUR INFORMATION AND CAN THIRD PARTIES ACCESS YOUR INFORMATION?
We will not sell or rent your information to third parties, nor will we share your information with third parties for marketing purposes.
Where you have consented to us doing so, we may occasionally send e-Communications to you, or advertise third parties services via our own website, e-Communications or magazines however your details are not then shared.
Third party service providers working on our behalf: Occasionally, service providers, agents or subcontractors may be given your information for the purpose of completing tasks and providing our services to you on our behalf (for example, requesting that you update your preferences). When we use third party service providers, we will only disclose information that is relevant and vital to completing the requested task in order to deliver the agreed service. To ensure that your data is protected when working with third party service providers we have a contract in place that requires them to securely handle your data and doesn’t allow them to use your information for theirs or any other company or individual’s marketing purposes.
When you subscribe to NowSport365, providing you are requiring a paid subscription, your payment is processed by a secure payment provider. If you have any questions regarding our provider, PayPal, please contact us.
We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment. By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
Data is owned by S&MI Ltd and kept securely. In the instance that S&MI Ltd was to be sold in its entirety or by individual asset, merged with another company, was legally required to disclose or share your personal data to comply with any legal obligation or otherwise restructured we will take all necessary steps with the aim of ensuring your data is protected.
CONSENT AND UPDATING YOUR PREFERENCES
When you provide us with your personal information to subscribe to NowSport365 or download any material from our website (sportlocker.com) we require your acceptance of the content of this privacy policy, that you consent to our collecting it and using it for that specific reason only.
If for a secondary reason, for example marketing, with your permission, we may get in contact with you with offers/updates that we think could be relevant or of interest to you. You have the choice as to whether or not you want to receive these from us. If you do not want to receive direct e-Communications from us, then you can update your preferences at any time in the following ways:
Selecting the your choices by ticking the relevant boxes when you subscribe (online, by phone or at an event)
With your consent, we may send you emails about our content, products, or services that could be of interest to you. We use Mailchimp as our email marketing platform to communicate with our subscribers and advertisers. MailChimp offers a double opt-in service and full visibility of any of your information used by this service and the option to unsubscribe at any time, which will delete any of your personal data.
We will only hold your data for as long as is necessary for us to fulfil your subscription and/or for so long as we have your permission to keep it. In any event, we will conduct an [annual] review to ascertain whether we need to keep your personal data. We offer withdrawal of consent and deletion of your data at any time upon your request.
USE OF ‘COOKIES’
Like many other websites, we use cookies. ‘Cookies’ are small pieces of information that are placed on to your computer and stored in your hard-drive – the use of cookies allows you as a site user to have a better experience when visiting our website.
We only use anonymous cookies, which means that our cookies are not collecting any information that would allow you to be identified personally. We collect data about your browsing behaviour/patterns to enable us to improve our website and provide you with more content that could be of interest to you.
If you’d rather that our site and others didn’t enable cookies, you can disable them. There are a number of ways that you can do this, however we’d suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance on most browsers.
LINKS TO OTHER WEBSITES AND THEIR PRIVACY STATEMENTS
Our payment provider along with other third party partners that we use will have their own privacy policies. Once you are redirected to a third party website, you are no longer governed by this privacy policy even if you access them using links from our website.
When you click on links from our website they may redirect you away from sportlocker.com We are not responsible for the privacy practices of other sites and would encourage you to read their privacy statements.
16 OR UNDER AND PARENTAL GUIDANCE
We would recommend that any user of our website and/or subscriber is of a minimum age of 16 in order to find the content and services of interest.
If you are aged 16 or under, please get your parent/guardian’s permission before sharing any personal data or information with NowSport365
YOUR RIGHTS
You can ask us not to use your data for marketing. You can do this by indicating your preferences on our forms, or by contacting us at any time at support@NowSport365.com
Under the GDPR, you have the right to:
Request access to, deletion of or correction of, your personal data held by us at no cost to you;
Request that your personal data be transferred to another person (data portability);
Be informed of what data processing is taking place;
Restrict processing;
To object to processing of your personal data; and
Complain to a supervisory authority.
You also have rights with respect to automated decision-making and profiling as set out below.
To enforce any of the foregoing rights or if you have any other questions about our site or this Privacy Policy, please contact us at support@NowSport365.com
AUTOMATED DECISION-MAKING AND PROFILING
In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
The right described above does not apply in the following circumstances:
The decision is necessary for the entry into, or performance of, a contract between you and us;
The decision is authorised by law; or
You have given your explicit consent.
Where we use your personal data for profiling purposes, the following shall apply:
Clear information explaining the profiling will be provided, including its significance and the likely consequences;
Appropriate mathematical or statistical procedures will be used;
Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
CHANGES AND REVIEW OF THIS POLICY
We keep this policy under regular review. It was last updated in July 2022.
We reserve the right to modify it at any time so would encourage you to regularly review it. Changes and clarifications will take immediate effect upon their posting to the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it and/or disclose it and your choices.
QUESTIONS AND CONTACTING
support@NowSport365.com