1. Your agreement
We may alter these Terms periodically by posting an updated version here. Please check regularly to keep updated on any changes. By continuing to use RLH you consent to the Terms as they are, at the time you use it.
The meaning of capitalised words used in these Terms is set out in the Definitions section at the end of these Terms.
2. Using RLH
RLH allows you to watch and listen to live sport and other audio and video content for your personal use only, subject to the payment of any applicable Fees. These Terms apply to you when you’re using RLH.
The RLH App is provided by RLH and is available for download from the Apple iTunes and Google Play app stores. You agree to deal with us in good faith and in compliance with all applicable laws.
3. Registering to use RLH
You don’t need to register to use/read some of the free content on RLH, but if you download the RLH App you’re still bound by the provisions in these Terms. You do need to register to access certain content.
When you register to use RLH (become a Registered User), pay for specific entertainment (a Pay Per View User) or pay a regular subscription fee (become a Subscriber) you’ll need to create an account on RLH. You’ll need to give us accurate personal information including your name and current email address. We may use your email address to contact you with information about RLH. We may be unable to provide you access to all features on RLH or contact you unless you provide and maintain a current email address with us.
4. Your eligibility to use RLH
Access to RLH is only available to persons who are eighteen years of age or older. If you don’t qualify for access, please do not register to use RLH, or else have your parent or guardian register for you.
By downloading or using RLH, you warrant that you’re at least 18 years old and that all personal information you give us at any time is true and correct. You agree not to impersonate any other person or entity or use a false name or a name that you’re not authorised to use, when registering to use RLH.
You can register to use RLH by following the registration steps online or following the instructions when you download RLH. Registering constitutes an offer by you to register to use RLH and is subject to acceptance by us. We’ll confirm acceptance during this process. We reserve the right to refuse an application for registration or terminate your use of RLH for any reason at our discretion.
You accept full responsibility for reviewing all classification information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, other viewers of the content. Where you allow children or young people to view content via RLH, you are responsible for making sure that the content is suitable for them.
5. Usernames and passwords
To sign into RLH you’ll need to use a username and a password that you set. You’re responsible for creating your username and setting a password as part of and in accordance with the sign up process.
You must prevent unauthorised disclosure of or access to your password. You are solely responsible for all use of your password and for the actions of any person to whom you disclose your password and are solely liable for and indemnify, defend and hold harmless the RLH Persons from and against all Losses suffered by any person directly or indirectly as a result of:
(a) you disclosing your password to a third party;
(b) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password; or
(c) any person’s access to or use of your password. You must notify us immediately by email and immediately change your password if you have any reason to believe that your password has become known to anyone else or if your password is or has been used in an unauthorised manner.
6. Accessing RLH
RLH Content is available for access on a free, pay-per-view or subscription basis, depending on the content. We determine what Content is available to each User with our content partners, and we may change the basis for, technical features of, or access permissions for, particular Content at our discretion.
Special events or one-off Content which we provide on a pay-per-view basis may be subject to special restrictions or terms. RLH Content which we supply on a free basis may be subject to technical or access restrictions we specify such as Standard Definition (SD) format, watch time limitations and real-time access only with no download (time shifting) capability.
Where relevant, the cost of any Content will be clearly displayed on RLH along with any restrictions based on your User type. Where Content is downloadable, we may erase that material from your device after a period of time or otherwise at our discretion. Some or all RLH Content may be unavailable outside the country in which you became a User due to content access restrictions imposed by third party content providers.
The quality of RLH Content may vary from device to device and may be affected by factors including location, device, connection speed and your mobile network. RLH Content is provided in a variety of formats. High Definition (HD) capability and higher is subject to technical restrictions, your User type and our arrangements with our content providers.
You can register up to five (5) devices on your RLH service at any time. These can be a combination of the RLH native apps and RugbyLeagueHub.com. If you want to access the RLH service on a new device and you have already registered 5 devices, then you will need to de-register one of the existing devices.
You can only use one of your registered devices to watch live and pay per view content on RLH at any one time. If you sign in to RLH on another registered device you will be logged out of all other devices.
To deregister a device sign into RLH on the new device and it will display the registered devices used by your account. Choose the device that you no longer want to use and select de-register. You can then register the new device and start watching on your new device.
All amounts in these Terms or referred to in RLH are shown in and charged in Australian dollars, US dollars or in another applicable Currency and are charged in that Currency.
8. General payment terms
All payments in relation to RLH and its Content are received via RLH’s payment gateway using a valid credit card. When you create a User Account you may be asked to provide a valid credit card. Full payment is charged to or deducted from your credit card when you choose to watch pay-per-view content on RLH or for your first monthly subscription fee, when registering for a subscription, as applicable. All credit card payments are subject to validation checks and authorisation by the card issuer.
All payments are processed by a Payment Gateway provider within the App store or RLH’s website. We do not keep a record of your credit card number but do store a payment token securely in our systems. You acknowledge and agree that we are not involved in the processing of any payment between you and the Payment Gateway provider, and the Payment Gateway provider’s terms and conditions apply to each payment.
10. Liability for payment transactions
To the extent legally permitted, in no event will RLH be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with Apple iTunes Store, Google Play or other third parties. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and these third parties.
We may charge Fees for accessing RLH Content which we only make available on a pay-per-view or subscription basis. The applicable Fees for pay-per-view content will be
displayed on RLH and you must pay the applicable Fees in accordance with these Terms before you are given access to that content.
We may vary the Fees at any time by posting a new fee schedule or other information concerning varied Fees on RLH. Any subscription Fee variation will apply from the start of your next monthly subscription period.
Except where otherwise indicated on RLH, any charges or Fees payable by you for any use of RLH or for access to chargeable Content are exclusive of present or future taxes (including goods and services and value added taxes), duties and charges imposed or levied in any jurisdiction. To the extent permitted by law, you must pay all such taxes at or before the time we are required to remit such taxes to the taxing authority.
13. ISP connection and data charges
Your internet service provider or mobile service provider may impose a connection or data charge for downloading the RLH App and using RLH. You are responsible for paying any applicable connection or data charges.
Where you watch the Content using an internet service that is provided to you by a service provider you may incur charges for use of data or your service may be throttled, based on your data consumption in connection with RLH. If your broadband service is restricted or throttled, the quality of your service (e.g your viewing experience) will be impacted.
We have no control over, and are not responsible, or liable to you in respect of, your use of any third party internet service. We will not provide you with any data usage monitoring capability in connection with your Service.
14. Service quality
RLH is an internet based service that relies on an internet connection, the quality of the content that you consume and the period of time that it takes for you to start or continue consuming, may vary from time to time depending on the device, access technology and internet service that you use. It may be affected by factors such as location, the status, speed and capacity of, and congestion on, the network that you use. We make no warranties or representations to you regarding the quality of the content that you watch using RLH, nor do we warrant that your use of RLH will be uninterrupted and error free. We are not responsible if RLH is suspended, interrupted, or not available, due to mobile network and/or wireless internet connection
interruption. Your service is expressly supplied to you on an ‘as-is’ basis and is not guaranteed to be a continuous or fault-free service. We are not liable to you for interruptions to RLH caused by an intervening event or should we need to interrupt RLH to perform upgrades (including to any software, firmware, applications used in connection with RLH), fix faults or conduct maintenance. We will endeavour to do so at times of least inconvenience to you, although this may not always be possible. We may suspend the service at any time to update RLH or for technical reasons. From time to time device manufacturers or the provider of the device operating system may impose changes that limit or restrict your use of the App/Service on that device.
15. Cancellations, suspensions and refunds
You may stop using RLH or cancel your service at any time by uninstalling the RLH App and closing your User Account. Your User Account will be cancelled at the end of the current subscription period if you’re a Subscriber User or when the current Pass you have purchased expires. If you cancel you will not be refunded for any charges for the remainder of the period, however you can continue to use the service for this period.
(a) cancel or suspend your User Account;
(b) cancel or suspend your access to RLH; or
(c) cancel or suspend the operation of RLH in its entirety.
You acknowledge that our supply of the Content, relies on rights granted by our content licensors and is subject to change. Furthermore, live matches may be subject to change, rescheduling and cancellation due to factors beyond our control, including weather and rescheduling by the content licensors. As such, we may at any time make alterations to the Service (including changing the times of broadcast or the content available for viewing) or change, implement or impose additional restrictions on RLH and your use of your service. Should an event be cancelled for any reason by the event organiser no refund for Fees will apply.
No refunds will be given for incorrect choice or change of mind unless at the sole discretion of RLH.
If you are entitled to a refund at law or RLH elects to provide a refund, the payment will be processed according to the below terms:
• If the fee was paid via credit card direct to RLH then the refund can only be processed back to that same credit card from which the payment originated.
• If the fee was incurred via iTunes or the GooglePlay app stores, then a refund must be pursued via these organisations
• Please allow the office up to fourteen (14) days to confirm your payment and issue the refund.
16. Free trials
We may offer a free trial of RLH, and we may alter the terms of that free trial at any time. If you accept a free trial, any Fees applicable to you will commence at the end of the free trial period. At that time, we will charge your credit card any applicable Fees if you don’t cancel your User Account before the end of the trial period.
17. Intellectual property
RLH Content including but not limited to text, graphics, logos, icons, images, the RLH User Interface and software is subject to copyright and other rights owned by RLH, its related entities or its content suppliers, and is protected by domestic and other international copyright and other intellectual property laws.
RLH’s content partner properties including brands, names, images and logos that are displayed on RLH may be the subject of registered trademarks of RLH, its related entities, affiliates or its service providers and protected by domestic and other international trade mark and other intellectual property laws.
You may access, download and stream from RLH as permitted by your User type only for your own private, non-commercial use (and not for any form of public display or use, whether for profit or otherwise). This permission is subject to you complying with any additional restrictions or express exceptions displayed on RLH. Any other use of material on RLH by you, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of RLH Content is strictly prohibited.
18. Personal use only
We provide RLH to you individually and personally for non-commercial purposes and you must not permit RLH to be viewed in public areas of commercial premises. A User Account must not be operated or controlled, directly or indirectly, by anyone other than the person identified as the owner of the User Account. Your right to use RLH can’t be assigned to anyone else and you must not resell, resupply, reframe or otherwise seek to monetise the services offered by RLH including RLH Content to anyone else or make any commercial use of RLH or its content.
You are not permitted to copy, record, reproduce, republish, post, broadcast, upload, communicate or make anything on RLH available to any other person or authorise or assist anyone else to do so.
19. Information on RLH
Information on RLH and its content may change from time to time. It is not promised or guaranteed to be correct, current, or complete, to the extent legally permitted. RLH and its content may contain technical inaccuracies or typographical errors. RLH assumes no responsibility (and expressly disclaims responsibility) for updating RLH, to keep information current or to ensure the accuracy or completeness of any posted information.
RLH is not liable to you or any other person for any loss or disappointment suffered if the content within RLH is not available or incorrect, incomplete or not up-to-date. Accordingly, you should confirm the accuracy and completeness of all information before making any decision related to any products or services described on RLH.
All programming and content is at our absolute discretion and we reserve the right to change advertised programming or features.
20. Third party material and advertisements
RLH may include links or references to third party websites (Linked Sites) or display other material sourced from or provided by a third party including advertisements and promotional offers for which RLH receives a commercial benefit (Third Party Material).
By using RLH you consent to receiving Third Party Material. RLH is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites or any Third Party Material.
RLH does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing in any advertising, promotional offers or on Linked Sites. RLH is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from RLH.
21. Security of electronic communications
You acknowledge and agree that there are security and delivery risks in using email and transmitting data via the Internet. Accordingly, RLH gives no guarantee that any electronic communication you send to us, any electronic communication that we send you or any data transmission you make via RLH (including uploading or transmitting any User Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive electronic communications from us and other Users at your own risk. In particular, by communicating with us electronically, electing to receive electronic communications from us or transmitting data via RLH (including uploading or transmitting any User Materials), you accept the risk of interception of such communications, transmissions and User Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions and User Materials by us and you, as applicable.
22. Technical requirements
Access to RLH may only be available to compatible devices which meet specific system or software requirements specified on RLH. RLH gives no warranty or guarantee that access to or use of RLH will be available to all devices and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on RLH. In addition, you must ensure that your internet connection is appropriate for streaming audio-visual content
You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
24. User materials
RLH is not responsible for any User Materials and does not endorse, warrant or represent the accuracy, utility, currency or any other characteristic of any User Materials.
25. Other things you must do
You agree that you will not use RLH to exceed the scope of the RLH App service that you have signed up for (such as by seeking to access pay-per-view or subscription only RLH Content when you are a Free User or a Registered User). You must not: (a) seek to circumvent, interfere with or otherwise disable or inhibit any security features, geoblocking or other technical measures within the RLH App or the RLH Content which are designed to prevent or restrict access to the RLH App or the RLH Content; or (b) use any spider, robot, scraper, data miner or other automated means to access the RLH App and RLH Content.
You agree to indemnify, defend, release and hold harmless the RLH Persons from and against all Losses made by any person due to or arising out of:
(a) your use of RLH including access to its Content;
(b) any violation of these Terms (including warranties expressly given by you in these Terms), any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation; or
(c) any activity related to your User Account (including negligent or wrongful conduct) by you.
27. Disclaimer of warranty
You use RLH and access RLH Content at your sole risk.
To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties or guarantees. RLH expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and Intellectual Property Rights.
Without limitation, RLH does not represent or warrant that the features within RLH including access to RLH Content will be uninterrupted, error-free or secure, that any defects will be corrected, or that RLH or the server/s that make it available is free of viruses or other harmful elements.
You agree that in using RLH you have not relied on any statement or representation made by RLH not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely
responsible for any damages that may result, including loss of data or damage to your computer system.
If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above or elsewhere in these Terms, to the extent legally permitted, RLH limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at RLH’s discretion.
28. Exclusion and limitation of liability
To the extent legally permitted, RLH is not liable to any party for:
(a) any Losses related to or arising from RLH or any use of RLH Content, or of any site, service, product or resource linked to, referenced or accessed through RLH; or
(b) for the use or downloading of, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if RLH is expressly advised of the possibility of such damages.
This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability or any other exclusion or limitation of liability in these Terms is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms. In that case, RLH’s maximum aggregate liability for all Losses referred to in the relevant exclusion or limitation of liability under any cause of action referred to in the above exclusion of liability is limited to $50.
Any complaint, dispute or controversy arising in any way out of these Terms or use of RLH may at our discretion be referred to arbitration to be conducted on a confidential basis pursuant to the rules adopted by the Australian Disputes Centre. You agree to be
bound by the arbitrator’s decision. The arbitrator will decide who should pay the costs of the dispute.
If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
> 32. Waiver
No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver of the right or privilege. A waiver by us of any breach of these Terms doesn’t prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
33. Entire agreement
You acknowledge that you are not relying on statements, warranties or representations given or made by us in relation to the subject matters of these Terms, other those expressly set out in these Terms. You further acknowledge that, to the extent legally permitted, you have no rights or remedies with respect to such subject matter otherwise than under these Terms.
34. Force Majeure
We’ll be under no liability to you in respect of anything which may be a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply rlh, telecommunications failure, materials, breakdown of equipment and
disputes of whatever nature and for whatever cause arising including, without limitation work to rule, overtime bars, strikes and lock outs.
You must not assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
RLH may vary these Terms at any time by publishing a new version on RLH. By using RLH after a variation has been lodged, you are taken to accept the varied Terms.
Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
38. Applicable law
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
39. DMCA policy
This paragraph applies if you are a United States resident User or if we are otherwise required to comply with the provisions referred to below. We respect the intellectual property rights of others and expect our Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using RLH if such claims are reported to firstname.lastname@example.org and/or our Designated Copyright Agent as registered with the Copyright Office. If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through RLH by
providing a DMCA Notice of Alleged Infringement and delivering it to email@example.com and/or our Designated Copyright Agent. Upon receipt of such Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the RLH App.
For the purposes of these Terms:
Currency means, for all Users, Australian dollars unless you are based in the United States, in which case currency references are to United States dollars.
Fees means the fees we charge for accessing certain RLH Content including pay-per-view fees and subscription fees, depending on the particular content you are accessing.
Free User means a person who uses RLH to access content which is offered on RLH on a free to view basis.
Intellectual Property Rights means statutory, proprietary and all other rights throughout the world in respect of copyright, trade marks, confidential information, patents, designs and all other rights of a like nature, by law in force in any part of the world including all applicable renewals and extensions.
Losses means losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature.
RLH means the mobile devices app or website known as RugbyLeagueHub.com through which Users access and content and which is available for download from the Apple iTunes Store or Google Play or using a web browser.
RLH App means the mobile device app through which Users access content and which is available for download from the Apple iTunes Store or Google Play.
RLH Content or Content means any information, documents, data, audio visual materials (including audio or video files of any type) or other materials RLH uploads to or displays on RLH periodically in any form including materials available for access, download or streaming by one or more types of Users in accordance with these Terms.
RLH Persons means RLH, its officers, directors, employees, agents, contractors, licensors, suppliers, parent companies, subsidiaries, and successors-in-interest.
Payment Gateway means the Apple Store In-app Payment gateway or the Google Play In-app Billing gateway and the RLH Payment Gateway, as applicable, depending on which RLH App you are using.
PPV User means a person who sets up a username and password to access RLH Content that is offered on a pay-per-view only basis (if and when a PPV User option is offered by RLH).
Registered User means a person who sets up a username and password but only accesses RLH Content which is free of Fees (if and when a Registered User option is offered by RLH).
Subscriber means a person who uses the RLH App to access RLH Content which is offered by the RLH App on a subscription only basis (if and when a subscription User option is offered by RLH). User means any person who downloads and uses the RLH App including a Free User, a PPV User, a Registered User and a Subscriber User. A person may be a Free User, a PPV User and a Subscriber User depending on the particular RLH Content they are accessing. The RLH App specifies the technical characteristics of our service and the RLH Content access rights and restrictions applying to each User type.
User Account means the account which each User of the RLH App who is a Registered User or Subscriber must create to use the RLH App.
User Materials means any materials, data, information or other items a User uploads to the RLH App including ratings and comments in respect of the RLH Content.