These are the applicable purchase policies for the official MotoGP™ digital products (listed below and hereinafter, all together named as “MotoGP™ products”) which are commercialized by MOTOGP SPORTS ENTERTAINMENT GROUP, S.L. (hereinafter “MotoGP Group”) through the website www.motogp.com and through the official MotoGP™ Apps.
Please take into account that other MotoGP™ products may not be commercialized by MotoGP Group but by third parties. In such case, the purchase of such products shall not be subject to the terms and conditions herein and MotoGP Group shall not be deemed responsible to any extent of such purchase/product.
The MotoGP™ products falling under the scope of this purchase policy are exclusively the following ones:
- MotoGP™ VideoPass (Specific T&C on clause 2.1)
- MotoGP™ TimingPass (Specific T&C on clause 2.2)
- MotoGP™ Originals by VideoPass (Specific T&C on clause 2.3)
This PURCHASE POLICY is divided in two sections:
(i) General Terms & Conditions, which are applicable to the purchase of all the MotoGP™ products listed above and;
(ii) Specific Terms & Conditions by product, applying to the purchase of a specific type of product.
Please read carefully all the applicable terms (general and specific) before purchasing any MotoGP™ product:
1. GENERAL TERMS & CONDITIONS
The following terms and conditions apply to the purchase of all the MotoGP™ products listed above.
1.1 POLICY ACCEPTANCE
The website www.motogp.com is operated by MotoGP Group. For the sake of clarity, other Platforms operated by third parties may have its own applicable terms and policies for the MotoGP™ products.
MotoGP™ products are available through different platforms such as the website www.motogp.com, the MotoGP™ App (for iOS and Android), via ROKU TV, Android TV and any other TV Apps that MotoGP Group may incorporate (hereinafter, the “Platforms”).
By purchasing and accessing to MotoGP™ products, you expressly agree and accept to be bound by this Purchase Policy and by the general Terms and Conditions of the relevant Platforms, without limits or reservations. Purchasing and/or use of MotoGP™ products also implies the acceptance of our Privacy Policy.
It is hereby expressly agreed that if you violate this Purchase Policy or any other applicable terms, your use of the MotoGP™ products may be terminated and we may bar you from any future use of the MotoGP™ products, cancel your MotoGP™ products and/or take appropriate legal actions against you.
You should carefully read 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 Purchase Policy.
In exceptional and specific cases, the User may not have to confirm an order. However, the mere access to MotoGP™ products 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.
1.2. ACCESS TO THE CONTENT
Once your subscription has been activated by MotoGP Group, you may be granted access to audiovisual content available on the Platforms on a Pay-Per-View mode. 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 corresponding Platform (streaming never downloading).
You are not permitted to copy, reproduce, store, distribute, transmit, or otherwise make the content available on any computer, device, or storage system, nor to provide access to third parties, whether free of charge or for commercial purposes. Any breach of these restrictions may result in legal claims. MotoGP™ Group reserves the right to block access to the Platforms and, where applicable, retain any payments as a deposit to compensate for part of the inflicted damage.
You acknowledge and accept that access to the Platforms may occasionally be interrupted and that certain MotoGP™ products or content may not be available at specific times.
Before purchasing any MotoGP™ product, you must review the description of the content included with that product. This information will be displayed on the screen prior to completing your purchase or provided in the renewal email sent to you.
1.3. PRICE AND PAYMENT
The price of each MotoGP™ product 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 make the payment through one of the payment platforms offered by the Platforms when proceeding to checkout. Except in the case of automatic renewals, when purchasing any MotoGP™ product or making any other new purchases, the Platforms will present any alternative payment options available to you, either at the time of purchase or whenever you access your account to change your payment method.
The prices are listed in Euros (€) as the default currency. Alternative currencies, such as US Dollars (USD) and British Pounds (GBP), may be supported and displayed at the discretion of the Platforms. 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.
In the event MGP Group provides instalments for payment of a Seasonal (or similar term) MotoGP™ products, the instalments are part of the full payment that you agree to pay.
Therefore, if you cancel your MotoGP™ products before the end of the term, all the pending instalments will be charged to you in the agreed dates. In case of not paying any instalment, MotoGP Group may inform you of such lack of payment. Once the underpayment is established, your rights to the MotoGP™ products will be cancelled.
1.4. DATA TO BE SUPPLIED
You are required to provide the data necessary for purchasing and maintaining each MotoGP™ products, as well as for receiving account activation, in order for the process to be completed. Such data must be supplied when necessary, including: (i) at the time of your first purchase (including free trials or similar offers); (ii) whenever any of your information changes; and (iii) at any other time MGP Group deems it necessary in accordance with applicable regulations, particularly if previously provided data is considered incomplete.
If you fail to provide all required data:(a) the purchase process may not be completed, and we will have no obligation to activate your account for login; or(b) your account may be deactivated until the necessary data is provided.
The data related to the payment method, such as credit card details, will be provided to the payment platform, a company not belonging to the MotoGP Group, which is responsible for processing and managing such data. This information will be submitted either during the first purchase or whenever the user updates it (for example, when changing the credit card number). The user may modify the payment method at any time by accessing and editing their profile.
Any data you provide to us will be processed in accordance with our Privacy Policy and other applicable terms in order to provide the agreed services. It is your responsibility to inform us of any changes to your contact address or email, either by updating your MotoGP account profile or by contacting us at support@motogp.com.
If you wish to exercise any of your rights regarding the processing of your personal data, or if you have any questions concerning privacy and data protection, you may contact MGP Group’s Data Protection Officer at dpo@motogp.com.
1.5. ACTIVATION AND USE OF THE ACCOUNT FOR MOTOGP™ PRODUCTS
1.5.1. ACTIVATION OF YOUR ACCOUNT
Once the payment process has been successfully completed, you will receive an email confirming that your account has been granted access to the MotoGP™ product you have purchased. Please note that account validation is mandatory in order to access the MotoGP™ product. From that moment, you should be able to log in and access the streaming of the videos included in your purchased MotoGP™ product.
Upon receiving this email, you must read it carefully to verify all details. If the MotoGP™ product you purchased differs from the one confirmed in the email, you are not allowed to claim for any change, refund or compensation other that as stated in the issuing instructions, if any.
If you fail to read the email for any reason (including an incorrect email address provided or failure to open the email), MotoGP Group will not be liable for any refund or other form of compensation.
1.5.2. USE OF YOUR ACCOUNT FOR MOTOGP™ PRODUCTS.
You must follow the instructions on the Platforms in order to log in and access the Content (including entering your username and password). The use of MotoGP™ products is personal, private, individual, and non-transferable. A MotoGP™ product subscription grants access exclusively to the natural person linked to the MotoGP account. You are not permitted to share your account with any other person. For the avoidance of doubt, this prohibits reselling, distributing, giving away, or otherwise transferring the MotoGP™ product, even free of charge.
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 MotoGP™ products 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 MotoGP™ products, each one of them will have to purchase it individually from their respective personal MotoGP accounts. It is not permitted to share and use the same MotoGP account and access to MotoGP™ products between different members of a group.
As mentioned above, the MotoGP™ products is restricted to personal and private use which excludes and prohibits the possibility of reproducing MotoGP™ products content in public spaces or to any private audience.
1.6. CANCELLATION POLICY
1.6.1. RIGHT OF WITHDRAWAL WITHIN 14 DAYS
When MotoGP™ products is cancelled by the user within fourteen (14) calendar days after the purchase, right to a full refund may arise provided that the MotoGP™ products content has not been consumed. For the sake of clarity, the mere access to the MotoGP™ products Content may entail the loss of the right before mentioned but in particular the streaming of any video (live or archived) or live timing if applicable.
In the event of the aforementioned 14 days period having expired, or the Content has been consumed, no refunds (neither total nor partial) will be applied by MotoGP Group.
In order to exercise the right of withdrawal hereinabove, the user shall contact support@motogp.com.
1.6.2. RENEWAL CANCELLATION
For the cancellation of an automatic renewal or recurring charges of any MotoGP™ products, you should always follow the instructions established when contracting such kind of MotoGP™ products, which will always require to log in your account, logging into 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 support@motogp.com and we will help you.
1.6.3. CANCELLATION DUE TO THE EXERCISE OF PERSONAL DATA RIGHTS
Purchasing and accessing MotoGP™ products involves data processing necessary for the provision of the service by MotoGP Group, as stated in our Privacy Policy which every MotoGP™ user shall accept.
Please bear in mind that exercising the right to withdraw the consent to all data processing carried out by MotoGP Group implies the cancellation of the relevant MotoGP™ account and all its related data, that includes the MotoGP™ products related to such account.
1.7. REFUNDS
MotoGP™ products shall not be refunded after purchase except in exceptional cases according to Spanish Consumer Protection Laws. However, MotoGP Group may offer a refund in exceptional cases when MotoGP Group 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: support@motogp.com.
Please bear in mind that exercising the right to withdraw the consent to all data processing carried out by MotoGP Group implies the cancellation of the relevant MotoGP™ account and all its related data, that includes the MotoGP™ products related to such account. Furthermore, such cancellation may prevent any compensation mechanism from being duly processed in a timely manner.
Bear in mind that any full refund might equal the selling price of the MotoGP™ products 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 MotoGP™ products. In case of full refund MotoGP Group shall use the same method as was used to purchase the MotoGP™ products. In case of partial refund MotoGP Group will inform.
At MotoGP Group´s discretion if the subscriber has a right to a partial refund, MotoGP Group will inform subscriber for its acceptance and the way to proceed with the partial refund.
1.8. 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 to gain or provide access to the MotoGP Product Content may be liable to legal action and, if already gained access, considered to be an infringer and may be liable to be prosecuted.
1.9. 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.
MotoGP Group 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. MotoGP Group 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.
MotoGP Group is entitled to assign any right and obligation under this Purchase Policy provided that the MotoGP™ products users’ rights are not adversely affected.
The present General Conditions are governed and subject to Spanish law, without reference to legal norms, and in the case of a dispute the Participant will be submitted to the jurisdiction of the Courts of Madrid, Spain.
These terms have been drafted in English language. In the event of conflict between English version and any other translated version of this Purchase Policy, the English version shall prevail.
2. SPECIFIC TERMS & CONDITIONS BY PRODUCT
2.1. MotoGP™ VideoPass TERMS & CONDITIONS
MotoGP™ VideoPass (hereinafter, the “VideoPass”) is an official MotoGP™ digital product which gives access to VOD and live streaming MotoGP™ content in a pay per view mode.
When purchasing the VideoPass, different types of subscriptions may be available. The differences between one type of subscription or another may be the term of such subscription, the Content that is included, the price or the renewal conditions among others. Please read and choose carefully which VideoPass subscriptions fulfills your needs .
The features of the VideoPass which is being purchased are defined during the purchase process and in the confirmation e-mail. Nevertheless, any doubts related to the type of VideoPass that has been purchased will be clarified at any time by contacting support@motogp.com
2.1.1. CONTENT ACCESSIBLE THROUGH YOUR VIDEOPASS
Purchasing VideoPass permits the access to thousands of hours of diverse content related to MotoGP™ such as races (MotoGP™, Moto2™, Moto3™), Qualifying Sessions, Interviews and Archive content among others (hereinafter, the Content). The Content also includes the live streaming of races.
Among the different Content, there may be, on-demand MotoGP Classics, Video Library, interviews, other features and special presentations in-between and during each Grand Prix, plus live video when available.
Regarding the language of the MotoGP™ products Content, please note that the live commentary is available in English only, the daily highlights commentary during the GP weekend will be available in English and interviews may be available in English or in the interviewee’s chosen language.
2.1.2. DIFFERENT TYPES OF VideoPass SUBSCRIPTIONS
You recognize that access to Content under the Pay-Per-View manner may be contracted for a certain seasonal package. Before buying any given VideoPass, the information about what it entails such VideoPass (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.
2.1.3. TECHNICAL FORMAT OF VIDEOS
The Content might be available in HD format for the 3 races categories (MotoGP, Moto2 and Moto3), both live and on-demand. However, the Platform delivers the quality established depending on your bandwidth and choosing.
If the user is accessing VideoPass Content through a mobile device, please note that the viewing experience may vary depending on the internet connection, device and/or OS.
2.2. MotoGP™ TimingPass TERMS & CONDITIONS
MotoGP™ TimingPass (hereinafter, the “TimingPass”) is an official MotoGP™ digital product which gives access to live data MotoGP™ content in a pay per view mode.
When purchasing the TimingPass, different types of subscriptions may be available. The differences between one type of subscription or another may be the term of such subscription, the Content that is included, the price or the renewal conditions among others. Please read and choose carefully which TimingPass subscriptions fulfills your needs.
The features of the TimingPass that is being purchased are defined during the purchase process and the confirmation mail. Nevertheless, doubts related to the type of TimingPass that has been purchased will be clarified at any time by contacting support@motogp.com.
2.2.1 CONTENT ACCESSIBLE THROUGH YOUR MotoGP™ TimingPass
Purchasing TimingPass permits the access to live coverage of every session from all three classes providing Live Timing data from each session of the MotoGP™ World Championship. Available only LIVE. (Hereinafter, the Content).
Regarding the language of the MotoGP™ TimingPass Content, please note that is available in English only and there is not LIVE Commentary available.
2.2.2. DIFFERENT TYPES OF MotoGP™ TimingPass SUBSCRIPTIONS
You recognize that access to Content under the Pay-Per-View manner may be contracted for a certain seasonal package. Before buying any given TimingPass, the information about what it entails such TimingPass (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.
2.2.3. TECHNICAL FORMAT
The Content will be provided in a statistical format only.
2.3. MotoGP™ Originals by VideoPass TERMS & CONDITIONS
MotoGP™Originals by VideoPass (hereinafter, the “Originals”) is an official MotoGP™ digital product which gives access to VOD MotoGP™ content in a pay per view mode.
When purchasing the Originals, different types of subscriptions may be available. The differences between one type of subscription or another may be the term of such subscription, the Content that is included, the price or the renewal conditions among others. Please read and choose carefully which subscriptions fulfills your needs.
The features of the Originals that is being purchased are defined during the purchase process and the confirmation mail. Nevertheless, doubts related to the type of Originals that has been purchased will be clarified at any time by contacting support@motogp.com.
2.3.1. CONTENT ACCESSIBLE THROUGH YOUR MotoGP™ Originals
Purchasing Originals permits the access to diverse content related to MotoGP™ such as Interviews and Archive content, on-demand MotoGP Classics among others (hereinafter, the Content).
Regarding the language of the MotoGP™ products Content, please note that is available in English only.
2.3.2. DIFFERENT TYPES OF MotoGP™ Originals SUBSCRIPTIONS
You recognize that access to Content under the Pay-Per-View manner may be purchased for a certain seasonal package. Before buying any given Originals, the information about what it entails such Originals (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.
2.3.3. TECHNICAL FORMAT OF VIDEOS
The Content might be available in HD format. However, the Platform delivers the quality established depending on your bandwidth and choosing.
If the user is accessing to Originals Content through a mobile device, please note that the viewing experience may vary depending on the internet connection, device and/or OS.