TERMS AND CONDITIONS OF USE
1. About Us
1.1 tvbookings.fiba.com (the "Website") is a website owned by FIBA ("FIBA","We", "Us") and operated by FIBA Media which is an entity established through the partnership between FIBA, the world governing body of basketball and an association registered in Switzerland under registration number 201307469 and have our registered office at 5 Route Suisse, 1295 Mies, Switzerland and Perform which is a company incorporated under the laws of England and Wales (registered number: 05645564) whose registered address is Sussex House, Plane Tree Crescent, Feltham, Middlesex, TW13 7HE, United Kingdom.
2.1 FIBA provides an online booking service offering (among other things) on-site facilities and satellite booking services to the FIBA Broadcast Partners related to various FIBA World and Continental events organised by FIBA and its regional offices (FIBA Africa, FIBA Americas, FIBA Asia, FIBA Europe and FIBA Oceania) around the world and all references to Website herein from time to time by FIBA are referred to collectively as the "Services".
2.3 FIBA reserves the right, at any time, to modify these Conditions by posting a revised version on this Website. You acknowledge that you have read and understood (and agree to be bound by) these Conditions now and every time you use the Services. By continuing to use the Services you accept any revised version.
3.1 In ticking the box and accepting the Conditions on the registration page, you are entering into a legally binding contract with FIBA to purchase the Services. The contract is conditional on payment being made on receipt of the relevant invoices and is at all times subject to these Conditions.
4. Price and Payment
4.1 Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your relevant service provider. The prices payable for the Services that you order are as set out on this website at the time at which you place your order.
4.2 Payment for Services must be made by bank transfer on receipt of invoices. You confirm that the payment details submitted are your company’s and that you have the authorisation to confirm that full payment will be made on receipt of invoice.
4.3 FIBA reserves the right to refuse the provision of services in the event that outstanding invoices are not paid.
5. Technical Requirements
5.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
5.2 FIBA will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an "as is" basis.
5.3 From time to time we will need to close the Website and suspend the Services to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, FIBA will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
6. Technical Support and Contacting FIBA
6.1 You can contact FIBA whether to discuss technical problems or trace your registration, or for any other reason by emailing to FIBA as described below. In all instances, please be ready to give your Broadcaster name, e-mail or other data that FIBA may require from you in order to assist you or to identify your registration (if applicable).
6.2 If you register to the Services, you should notify us immediately if any of your details change by logging on to the Service and updating these details in the “Edit My Personal Account Details” section.
7. Intellectual Property
Copyright FIBA 2014. All rights reserved.
Any and all pictures, graphics, logos, texts, videos, animations, sounds, games and other works (hereinafter "Content") on the Website are subject to copyrights and/or other intellectual property rights, unless stipulated otherwise. Content may not be reproduced or modified in any way without prior permission from the relevant right holder.
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 from the Website will transfer title to you to any content.
8.1 You agree to defend, indemnify and hold harmless FIBA and its affiliates, officers, employees and agents from/against any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including (without limitation) reasonable legal fees, that may arise in connection with your use of and/or access to the Website, including (without limitation) your unauthorised copying and/or use of any intellectual property of third parties.
9. Limitation Of Liability
9.1 To the extent that liability is not limited by the applicable law already, you expressly acknowledge and agree that FIBA shall not be liable for any damages – whether in tort, contract or otherwise – in case of simple negligence unless FIBA violated a cardinal obligation. A cardinal obligation is an obligation which you could trust to be complied with and the fulfilment of which is principal to the proper execution of this contract; in such case, indemnity claims are limited to the amount of the typically forseeable damages.
9.2 Claims resulting from physical damages shall remain unaffected by clause 5.1. Also, the limitations of liability stipulated in clause 5.1 are not valid in the event of FIBA giving express guarantees and regarding claims due to missing warranted features.
9.3 You expressly acknowledge that FIBA shall not be liable for punitive damages under any circumstances.
10.1 FIBA is aware that you care about how your personal information is used and shared and we appreciate your trust that we will do so carefully and sensibly. FIBA is complying with the applicable data protection laws and in particular will not disclose any personal data to third parties unless authorized to do so by the law or by virtue of your consent. Please note that, in order to provide you with the level of services expected on the TV Booking website, the collection of your personal data is made on the legitimate interest basis. Please review our Data Protection Notice to understand our practices in mode details.
11. Force Majeure
11.1 FIBA shall not have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of FIBA including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
12.1 No waiver by FIBA shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
13. Applicable Law, Jurisdiction
13.1 These Terms and Conditions shall be governed by and construed in accordance with Swiss law without regard to its conflict of law rules.
13.2 Any disputes, controversies or claims arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be submitted exclusively to the Court of Arbitration for Sport (CAS) and resolved definitively in accordance with the Code of sports-related arbitration. The arbitration shall be governed by Chapter 12 of the Swiss Act on Private International Law (irrespective of the parties’ domicile) and its seat shall be in Lausanne, Switzerland. The language of the arbitration will be English. You shall not and you hereby waive your right to institute any claim, arbitration or litigation, or seek any other form of relief, including provisional measures, in any other court or tribunal.
14. Final Provisions
14.1 Should any provision of these Terms and Conditions be found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or operation of any other provision. In such case, the parties are obliged to substitute for the invalid or unenforceable provision a valid and enforceable provision which most closely approximates the intent and economic effect of the invalid or unenforceable provision.
14.2 These Terms and Conditions constitute the entire agreement between you and FIBA in relation to their subject matter, i.e. with respect to your use of and/or access to the Website, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and FIBA, whether oral or written in relation to this subject matter.
14.3 FIBA reserves the right to amend these Terms and Conditions at any time without prior notice.
1. Personally Identifiable Information and How It Is Used
When using the Services, we may ask you to provide all or some of the following information: your name, your address, your email address, banking details, your telephone number ("Personal Account Details").
We may use the Personal Information you provide to us to send out email alerts you may have signed up for.
FIBA will not, however, sell or lease your Personal Information to third parties not associated with FIBA, its partners and affiliates.
We understand that the security of your Personal Information is important to you. When handling Personal Information, security is paramount and we have in place a security policy which ensures that Personal Information is adequately protected.Your Personal Information is password protected, and any Personal Information you provide to FIBA is protected from unauthorised disclosure by reasonable technological measures. However, some limited Personal Information provided to FIBA is transmitted using unencrypted protocols. We recommend that you do not divulge your password to anyone.
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4. Disclosure For Law Enforcement Purposes
FIBA reserves the right to access and disclose Personal Information to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or others. FIBA may attempt to obtain the prior consent of the individual before disclosing the Personal Information, but it has no obligation to do so.
5. Your Acceptance of These Terms
Federation Internationale de Basketball (FIBA)
5 Route Suisse,
Tel: +41 22 545 0000
Registered No: 201307469