TERMS AND CONDITIONS – SBI MEDIA SA

(incorporating the brand Matchsports) (herein known as “SBI”)

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE MATCHSPORTS STORE. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICES.

You agree that you will pay for all products you purchase through the Services, and that SBI may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SBI WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product. All sales and rentals of products are final. Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by SBI.

PRE-ORDERS

By pre-ordering products, you are authorizing the Services to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available, although by doing so you agree to forfeiting any (non-refundable) deposits paid.

ELECTRONIC CONTRACTING

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

SBI is not responsible for typographic errors.

MATCHSPORTS STORE TERMS AND CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND SBI INC. (“SBI”) GOVERNS YOUR USE OF THE MATCHSPORTS
STORE SERVICE (THE “Matchsports service”). THE Matchsports STORE SERVICE

SBI is the provider of the Matchsports Service, which permits you to access, purchase or rent digital content (“Matchsports Products”) for end user use only under the terms and conditions set forth in this Agreement.

REQUIREMENTS FOR USE OF THE MATCHSPORTS SERVICE

Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can be created by a parent or legal guardian. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it. Use of the Matchsports Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Matchsports Service and may be required for certain transactions or features and to download Matchsports Products previously purchased or acquired from the Matchsports Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Matchsports Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Matchsports Service.

YOUR ACCOUNT

As a registered user of the Matchsports Service, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify SBI of any security breach of your Account. SBI shall not be responsible for any losses arising out of the unauthorized use of your Account. In order to purchase and download Matchsports Products from the Matchsports Service, you must enter your SBI ID and password to authenticate your Account for transactions. Once you have authenticated your Account using your SBI ID and password, you will not need to authenticate again for fifteen minutes on your computer or Device; you can choose to allow your computer to remember your password to remain authenticated. During this time, you will be able to purchase and download Matchsports Products without re-entering your password. You can turn off the ability to make Matchsports Product transactions or change settings to require a password for every transaction by adjusting the settings on your computer or Device. You agree to provide accurate and complete information when you register with, and as you use, the Matchsports Service (“Matchsports Registration Data”), and you agree to update your Matchsports Registration Data to keep it accurate and complete. You agree that SBI may store and use the Matchsports Registration Data you provide for use in maintaining and billing fees to your Account.

PRIVACY

The Matchsports Service is subject to SBI’s Privacy Policy at http://www.matchsports.com/legal/privacy/. SBI will, from time to time, automatically collect information that can be used to identify media in your Matchsports library, such as your Matchfile history and playlists. SBI will use this information and the contents of your Matchsports library, as well as other information, to give personalized recommendations to you. SBI may only use this information and combine it with aggregated information from the Matchsports libraries of other users, your Matchsports Store purchase history data, aggregated purchase history data from other Matchsports Store users, and other information obtained from third parties, to:

• Create personalized playlists for you from your Matchsports library.
• Provide you with recommendations regarding media and other products and services that you may wish to purchase or acquire.
• Provide recommendations regarding products and services to other users.

At all times your information will be treated in accordance with SBI’s Privacy Policy. SBI reserves the right to change content options (including eligibility for particular features) without notice.

USE OF CONTENT

You agree that the Matchsports Service and certain Matchsports Products include security technology that limits your use of Matchsports Products and that, whether or not Matchsports Products are limited by security technology, you shall use Matchsports Products in compliance with the applicable usage rules established by SBI and its licensors (“Usage Rules”), and that any other use of the Matchsports Products may constitute a copyright infringement. Any security technology is an inseparable part of the Matchsports Products. SBI reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by SBI for compliance purposes, and SBI reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Matchsports Service by any means other than through software that is provided by SBI for accessing the Matchsports Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Matchsports Service. Violations of system or network security may result in civil or criminal liability.

USAGE RULES

You shall be authorized to use Matchsports Products only for personal, noncommercial use.

Content Rentals

Once you purchase a rental, you must fully download the rental within thirty (30) days. You have thirty (30) days after downloading a rental to begin viewing. Once you begin viewing, you have twenty-four (24) hours to finish viewing a movie. Stopping, pausing, or restarting a rental does not extend the available time for viewing. Some Matchsports Products, including but not limited to Content rentals, may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Matchsports Products once downloaded, and you may wish to back them up. The delivery of Matchsports Products does not transfer to you any commercial or promotional use rights in the Matchsports Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Matchsports Product. You acknowledge that, because some aspects of the Matchsports Service, Matchsports Products, and administration of the Usage Rules entails the ongoing involvement of SBI, if SBI changes any part of or discontinues the Matchsports Service, which SBI may do at its election, you may not be able to use Matchsports Products to the same extent as prior to such change or discontinuation, and that SBI shall
have no liability to you in such case.

THIRD-PARTY MATERIALS

Certain content, Matchsports Products, and services available via the Matchsports Service may include materials from third parties. SBI may provide links to third-party websites as a convenience to you. You agree that SBI is not responsible for examining or evaluating the content or accuracy and SBI does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party and that SBI is not in any way responsible for any such use by you.

OBJECTIONABLE MATERIAL

You understand that by using the Matchsports Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Matchsports Service at your sole risk and SBI shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Matchsports Product types and descriptions are provided for convenience, and you agree that SBI does not guarantee their accuracy.

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eye strain during your use of the products offered through the Matchsports Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Matchsports Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the Matchsports Service for signs of symptoms.

INTELLECTUAL PROPERTY

You agree that the Matchsports Service, including but not limited to Matchsports Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Matchsports Service, contains proprietary information and material that is owned by SBI and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Matchsports Service in compliance with this Agreement. No portion of the Matchsports Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Matchsports Service in any manner, and you shall not exploit the Matchsports Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, SBI and its licensors reserve the right to change, suspend, remove, or disable access to any Matchsports Products, content, or other materials comprising a part of the Matchsports Service at any time without notice. In no event will SBI be liable for making these changes. SBI may also impose limits on the use of or access to certain features or portions of the Matchsports Service, in any case and without notice or liability.
All copyrights in and to the Matchsports Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by SBI and/or its licensors, who reserve all their rights in law and equity. THE

USE OF THE SOFTWARE OR ANY PART OF THE MATCHSPORTS SERVICE, EXCEPT FOR USE OF THE MATCHSPORTS SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. SBI, the SBI logo, Matchsports, and other SBI trademarks, service marks, graphics, and logos used in connection with the Matchsports Service are trademarks or registered trademarks of SBI Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Matchsports Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

TERMINATION

If you fail, or SBI suspects that you have failed, to comply with any of the provisions of this Agreement, SBI, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Matchsports Service (or any part thereof). SBI reserves the right to modify, suspend, or discontinue the Matchsports Service (or any part or content thereof) at any time with or without notice to you, and SBI will not be liable to you or to any third party should it exercise such rights.

PURCHASE WITHDRAWAL & RETURN POLICY

Right of  purchase withdrawal: If purchased merchandise is returned in perfect condition and in the original packaging within 10 to 14 days (depending upon your specific jurisdiction), we will refund the full purchase price to you. ALL costs for returning the merchandise must be covered by you”. Standard Return Policy for the US:  It is important to remember when returning a product you purchased from  Only items that have been purchased directly from SBI, either through the SBI Online Store or at an SBI Retail Store, can be returned SBI. SBI Products purchased through other retailers must be returned in accordance with their respective returns and refunds policy. Please ensure that the item you’re returning is repackaged with all the cords, adapters and documentation that were included when you received it. Some items, however, are ineligible for return, such as :

• Opened software, 
• Electronic Software Downloads
• Software Up-to-Date Program Products (software upgrades)
• SBI Store Gift Cards
• Consumable 

*Content and software, provided which has not yet been installed on any hardware or software containing  a printed software license may not be returned if the seal or sticker on the software media packaging is broken.

For further information please contact us direct on the following link: 

gtc_legal@matchspots.com     

FIRMWARE UPGRADE FOR THE MATCHRIDER T&C

ENGLISH

IMPORTANT: BY USING YOUR MATCHRIDER, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:

A.     MATCHSPORTS SOFTWARE LICENSE AGREEMENT
B.     MATCHSPORTS PAY SUPPLEMENTAL TERMS
C.     NOTICES FROM MATCHSPORTS

SBI MEDIA S.A.
MATCHSPORTS SOFTWARE LICENSE AGREEMENT
Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR MATCHRIDER OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR MATCHRIDER OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE MATCHRIDER OR DOWNLOAD THE SOFTWARE UPDATE.

IF YOU HAVE RECENTLY PURCHASED AN MATCHRIDER AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE MATCHRIDER WITHIN THE RETURN PERIOD TO MATCHSPORTS FOR A REFUND, SUBJECT TO MATCHSPORTS RETURN POLICY FOUND AT (SEE REPAIR T&C).

General.

(a) The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your Matchrider (“Original Matchsports Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Matchsports (“Matchsports Software Updates”), whether in read only memory, on any other media or in any other form (the Original Matchsports Software and Matchsports Software Updates are collectively referred to as the “Matchsports Software”) are licensed, not sold, to you by SBI MEDIA . (“Matchsports”) for use only under the terms of this License. SBI MEDIA and its licensors retain ownership of the Matchsports Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Matchsports-branded app that may be pre-installed on your Matchrider, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.

(b) Matchsports, at its discretion, may make available future Matchsports Software Updates for your Matchrider. The Matchsports Software Updates, if any, may not necessarily include all existing software features or new features that Matchsports releases for newer or other models of Matchriders.  The terms of this License will govern any Matchsports Software Updates provided by Matchsports that replace and/or supplement the Original Matchsports Software product, unless such Matchsports Software Update is accompanied by a separate license in which case the terms of that license will govern.

Permitted License Uses and Restrictions. 

(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Matchsports Software on a single Matchrider. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and Matchsports, this License does not allow the Matchsports Software to exist on more than one Matchrider at a time, and you may not distribute or make the Matchsports Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Matchsports proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with Matchrider.

(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download Matchsports Software Updates that may be made available by Matchsports for your model of the Matchrider to update or restore the software on any such Matchrider that you own or control. This License does not allow you to update or restore any Matchrider that you do not control or own, and you may not distribute or make the Matchsports Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download an Matchsports Software Update to your computer, you may make one copy of the Matchsports Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.

(c) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Matchsports Software or any services provided by the Matchsports Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Matchsports Software).

(d) You agree to use the Matchsports Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Matchsports Software and Services. Features of the Matchsports Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider.

(e) Use of the Store requires a unique user name and password combination, known as an Matchsports ID. An Matchsports ID is also required to access app updates and certain features of the Matchsports Software and Services. In addition, you acknowledge that many features and Services of the Matchsports Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

Transfer.

You may not rent, lease, lend, sell, redistribute, or sublicense the Matchsports Software. You may, however, make a one-time permanent transfer of all of your license rights to the Matchsports Software to another party in connection with the transfer of ownership of your Matchrider, provided that: (a) the transfer must include your Matchrider and all of the Matchsports Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Matchsports Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Matchsports Software reads and agrees to accept the terms and conditions of this License.

Consent to Use of Data.

(a) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that Matchsports and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information (“Diagnostic and Usage Data”), including but not limited to unique system or hardware identifiers, information about your Matchrider, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Matchsports’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Matchsports Software, and to verify compliance with the terms of this License. Matchsports may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Matchsports’s partners, third party developers and content providers to improve their software, hardware, courses, materials, and services designed for use with Matchsports products, Matchsports may also provide any such party with a subset of Diagnostic and Usage Data that is relevant to that party’s software, hardware, courses, materials and/or services, as long as the Diagnostic and Usage Data is in a form that does not personally identify you.

(b) Interest-Based Advertising. Matchsports may provide, interest-based advertising to you. If you do not want to receive relevant ads on your Matchrider, you can opt out by going to the Limit Ad Tracking setting on your Matchrider. If you opt out, you will continue to receive the same number of ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information.

(j) Privacy Policy. At all times your information will be treated in accordance with Matchsports’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.SBI Media .com/legal/privacy/.

Services and Third Party Materials. 

(a) The Matchsports Software may enable access to third party services and web sites (collectively and individually, “Services”). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an Matchsports ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an Matchsports ID, or other Matchsports Service, you agree to the applicable terms of service for that Service, such as the latest Terms and Conditions, and Conditions for the country in which you access such third party services.

(b) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Matchsports, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

(c) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Matchsports is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Matchsports, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

(d) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Matchsports, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Matchsports. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Matchsports is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

Termination.

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Matchsports if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Matchsports Software.  Sections 4, 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination.

Disclaimer of Warranties.

7.1     If you are a customer who is a consumer (someone who uses the Matchsports Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

7.2     YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MATCHSPORTS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MATCHSPORTS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.3     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATCHSPORTS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MATCHSPORTS AND MATCHSPORTS’S LICENSORS (COLLECTIVELY REFERRED TO AS “MATCHSPORTS” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MATCHSPORTS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.4     MATCHSPORTS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MATCHSPORTS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MATCHSPORTS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MATCHSPORTS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE MATCHSPORTS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE MATCHSPORTS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS MATCHSPORTS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS MATCHSPORTS PRODUCTS AND SERVICES.

7.5     YOU FURTHER ACKNOWLEDGE THAT THE MATCHSPORTS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE MATCHSPORTS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

7.6     NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MATCHSPORTS OR AN MATCHSPORTS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MATCHSPORTS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MATCHSPORTS, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MATCHSPORTS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE MATCHSPORTS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MATCHSPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Matchsports’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Digital Certificates.

THE MATCHSPORTS SOFTWARE CONTAINS FUNCTIONALITY THAT ALLOWS IT TO ACCEPT DIGITAL CERTIFICATES EITHER ISSUED FROM MATCHSPORTS OR FROM THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY MATCHSPORTS OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SBI MEDIA  MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. 

Export Control.

You may not use or otherwise export or re-export the Matchsports Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Matchsports Software was obtained. In particular, but without limitation, the Matchsports Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Matchsports Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Matchsports Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

Government End Users.

The Matchsports Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Controlling Law and Severability.

This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence.  If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 

Complete Agreement; Governing Language.

This License constitutes the entire agreement between you and Matchsports relating to the Matchsports Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Matchsports. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

Third Party Acknowledgements.

Portions of the Matchsports Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Matchsports Software, and your use of such material is governed by their respective terms.

Use of MPEG-4; H.264/AVC Notice.

(a) The Matchsports Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.

(b) The Matchsports Software contains MPEG-4 video encoding and/or decoding functionality. The Matchsports Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC.  See http://www.mpegla.com.

(c) The Matchsports Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE MATCHSPORTS SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

7/20/2015

The information contained in this web site is subject to change without notice. 

Copyright © 2013 -2021 SBI Media SA. All rights reserved.

Repair Terms and Conditions

IMPORTANT: THESE REPAIR TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH MATCHSPORTS (AS IT IS DESCRIBED IN THE COUNTRY VARIATION SECTION, BELOW) AND WILL APPLY TO YOUR ORDER IF THE SERVICE IS OUTSIDE THE TERMS OF MATCHSPORTS’S LIMITED WARRANTY, AN MATCHSPORTS ADMINISTERED EXTENDED SERVICE CONTRACT OR YOUR STATUTORY CONSUMER RIGHTS. FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS AGREEMENT ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS AND YOU SHOULD CONSULT THE CITIZENS ADVICE SERVICE IN YOUR COUNTRY OF RESIDENCE FOR FURTHER INFORMATION ON THESE RIGHTS.

1. Services and Products.

1.1 Services.

For service orders, Matchsports will service your Matchrider as described to you for the estimated charges stated, unless such charges are revised with your prior oral or written consent. Unless otherwise stated, Matchsports will provide repair or replacement services to address a defect in the materials or workmanship of a product. Service is not available for issues caused by failure of or incompatibilities with any software or data residing or recorded on your product.

1.2 Parts and Labor.

Matchsports may provide both parts and labor, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, Matchsports may use parts or products that are new or refurbished and equivalent to new in performance and reliability. Matchsports will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property. Replaced parts and products are generally repairable and are exchanged or repaired by Matchsports for value. If applicable law requires Matchsports to return a replaced item to you, you agree to pay Matchsports the retail cost of the replacement item and shipping.

1.3 Service Options.

Matchsports may facilitate service through one or more of the following options:

1.3.1 Do-It-Yourself (DIY) Parts Service.

DIY Parts Service allows you to service your own product. If Matchsports determines that DIY Parts Service is available to you, Matchsports will ship to you a replacement part for your Matchsports product. The replacement part will be accompanied by instructions on installation and any requirements for the return of the replaced part. For DIY Parts Service requiring the return of the replaced part, you must provide credit card details to secure the return of the replaced part. All replaced parts requiring return, must be returned to Matchsports within ten (10) days from the date Matchsports ships the replacement part to you (“Return Period”). If (i) you fail to return the replaced part as instructed within the Return Period, or (ii) the replaced part is not eligible for service due to a Service Exclusion, as described below, you will pay the amount agreed by you at the time service was ordered. If Matchsports does not require the return of a replaced part, Matchsports will ship to you a replacement part or product accompanied by instructions on installation and any requirements for the disposal of the replaced item. Matchsports is not responsible for any labor costs relating to DIY Parts Service.

1.3.2 Direct Mail-In Service.

If Matchsports determines that your product is eligible for Direct Mail-In Service, you will ship your product to Matchsports’s repair service location in accordance with Matchsports’s instructions. Matchsports may provide prepaid way bills (and if you no longer have the original packaging, Matchsports may send you packaging material). If Matchsports does not provide prepaid way bills or packaging, you must arrange for the shipping and packaging of your product to Matchsports’s repair service location, as described at the time of ordering, and you may want to consider insuring your package in case of damage or loss during shipment. Once service is complete, the Matchsports repair service location will return the repaired product or provide a replacement product to you.

1.3.3 Express Replacement Service (ERS).

If Matchsports determines that your product is eligible for ERS, and you choose to order ERS by providing to Matchsports your credit card details, Matchsports will ship to your designated location a replacement product. You will return your replaced product in accordance with Matchsports’s instructions. All replaced products must be returned to Matchsports within the Return Period as defined in the ERS Terms and Conditions. If (i) Matchsports does not receive the replaced product within the Return Period, or (ii) the replaced product is not eligible for service as described in the ERS Terms and Conditions, you will pay the amount agreed by you at the time service was ordered.

1.4 Changes to Service Options.

To the extent permitted by law, Matchsports reserves the right to change at any time the service options available to you.

1.5 End Users Only.

Matchsports services, sells and ships products to end user customers only. You may not purchase for resale. Matchsports reserves the right to refuse or cancel your order if Matchsports suspects you are purchasing for resale.

1.6 No Sale to Minors.

Purchase under these terms is available only to those who have reached the age of majority.

1.7 Service Exclusions and Diagnostic Fee.

To the extent permitted by law, Matchsports may charge you a diagnostic fee (including shipping charges) as described in the Country Variation section, below (“Diagnostic Fee”), if Matchsports inspects your product and determines that (i) your product does not require service, (ii) your product has failed due to or has incompatibilities with software or data residing or recorded on your product (iii) service is required due to the failure of parts that are neither supplied by Matchsports nor Matchsports-branded, (iii) additional labor or parts are required that were not specified in the original estimated charges and you do not agree to authorize service based on Matchsports’s revised estimated charges, or (iv) service cannot be performed because the serial number has been altered, defaced or removed or the product has failed due to accident, abuse, liquid spill or submersion, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than Matchsports or an Matchsports Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). Matchsports will return your product to you without servicing it and may charge you the Diagnostic Fee.

1.8 Exceptions to Coverage.

Service under this Agreement is offered and valid only in the countries described in the Country Variation section, below.

1.9 Delivery.

Matchsports may provide an estimate on when a replacement product or shipping box to facilitate service will be shipped to you. Once your order has been prepared for shipment or has shipped, Matchsports is unable to change the shipping address. Please note that for deliveries that require a signature, if you are willing to assume the risks of your order being delivered without anyone at the delivery address, you may authorize Matchsports to arrange for a delivery without the need for a
signature.

1.10 Customer’s Responsibility.

1.10.1 You must follow shipping and packing instructions provided by Matchsports.
You will be responsible for products or parts that are lost or damaged
as a result of failure to follow instructions.

1.10.2 It is your responsibility to backup all existing data, software, and
programs, and to erase all existing data before receiving services. Matchsports is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by Matchsports. You represent that your product does not contain illegal files or data.

1.10.3 Abandoned Property. Unless you provide alternative instructions, Matchsports will ship your repaired or replacement product to the mailing address you furnished when you authorized service. If your product is returned to Matchsports because delivery could not be completed at the address given, Matchsports will attempt to contact you for an alternative mailing address. If you do not provide an address at which Matchsports or its agent may deliver your product within sixty (60) days (see the Country Variation section, below, for any applicable exceptions) after the original delivery attempt, Matchsports will notify you that it considers your product to be abandoned. Matchsports will send notice to the mailing address you furnished when you authorized service. In the event that your product is abandoned, Matchsports may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale to pay for any outstanding service performed. Matchsports reserves its statutory and any other lawful liens for unpaid charges.

1.10.4 Information on Service. During the service ordering process you must provide a description of the issue that is affecting your product, so that Matchsports understands and may replicate the issue.

1.10.5 Matchsports encourages you to review service order status information at http://www.matchsports.com/support/repairstatus/

2. Orders and Payment

2.1 Payment. Terms of payment are within Matchsports’s sole discretion, and unless
otherwise agreed to by Matchsports, payment details must be received prior to Matchsports’s
acceptance of an order.

2.2 Payment Methods. SBI Media  allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit, debit or check card, or some other prearranged payment method unless Matchsports has agreed to some other credit terms. When you provide Matchsports with your card information, Matchsports will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Matchsports will not bill your credit card or process a transaction under your debit or check card until your order is processed. Matchsports may not be able to accept credit, debit, or check cards associated with a billing address outside of the country site. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. Matchsports requires the credit, debit, or check card security code for your card to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.

2.3 Prices. Matchsports endeavors to offer you competitive prices on current Matchsports products and services. Your total order price will include the price of the product or service on the day of order processing. Matchsports reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.

2.4 Confirmation. Matchsports will send you a confirmation of your order via email shortly after receipt. You will receive a confirmation by regular mail when Matchsports accepts your order.

2.5 Refunds. Except as described in the Warranty and Limitation of Liability section below, Matchsports does not provide refunds for service orders.

3. Warranty and Limitation of Liability

3.1 Service Warranty. For all service orders, Matchsports warrants to the extent permitted by
law that (1) services performed will conform to their description for ninety (90) days from the date of service, (2) all parts or products used in service will be free from defects in materials and workmanship for ninety (90) days from the date of service. This warranty is an express limited warranty. If non- conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, Matchsports will to the extent permitted by applicable law at its option, either (a) re-perform services to conform to their description (b) repair or replace the part or product, using parts or products that are new or equivalent to new in performance and reliability, or (c) refund the sums paid to Matchsports for service.

3.2 Disclaimer of Warranty. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, MATCHSPORTS SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

3.3 Limitation of Liability. IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, MATCHSPORTS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MATCHSPORTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, MATCHSPORTS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES MATCHSPORTS DOES NOT SEEK TO EXCLUDE THIS LIABILITY.

3.4 Some states, provinces and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction.

4. Export Control. You may not use or otherwise export or re-export the products serviced except as authorized by the laws of the jurisdiction in which the products were obtained. In particular, but without limitation, the products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. You represent that you are not located in any country or on any list where the provision of product to you would violate applicable law. You also agree that you will not use products for any purposes prohibited by applicable law.

5. General.

5.1 Typographical Errors. Matchsports is not responsible for typographical errors. Matchsports reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.

5.2 Change Terms. Matchsports reserves the right to change this Agreement at any time.

5.3 Cancellation. Upon acceptance of a service order, Matchsports initiates service and consequently a service order may not be cancelled and you cannot withdraw from the contract.

5.4 Product/Service Changes.

Matchsports may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and Matchsports makes no commitment to update the information provided online with respect to such products and services. 

Access online. Matchsports reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason; (2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Governing Law. The laws of the country where you ordered service or product will govern this Agreement, except as otherwise described in the Country Variation section, below

No Changes to the Agreement. No Matchsports employee or agent has the authority to vary any of the terms and conditions governing any transaction.

Unenforceable Terms. If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.

Waivers. Matchsports’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Matchsports of any provision or any right it has to enforce these policies, nor shall any course of conduct between Matchsports and you or any other party be deemed to modify any provision of these terms.

No Third Party Beneficiaries. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
International Products/Services. Matchsports provides access to Matchsports international data and, therefore, may contain references or cross references to Matchsports products, programs and services that are not announced in your country. Such reference does not imply that Matchsports in your country intends to announce such products, programs or services.

Data Protection. You agree and understand that it is necessary for Matchsports to collect, process and use your data in order to process sales, perform service and confirm compliance with applicable laws. Matchsports will protect your information in accordance
with Matchsports Privacy Policy (www.matchsports.com/legal/warranty/privacy). If you wish to have access to the information that Matchsports holds concerning you or if you want to make changes, access URL http://www.matchsports.com/contact/myinfo to update your personal contact preferences.

5.4 Subcontractors. Matchsports may subcontract with other service providers for the service of your product.

5.5 Conflict of Terms; Services in English. To the extent permitted by law, in the event of a conflict between different translations of these terms, the English translation will prevail. Certain support services and related documents may be available in English only.

5.6 Complete Agreement; Force Majeure. This Agreement governs service transactions accepted by Matchsports. No other oral or written terms or conditions apply. Matchsports does not authorize any variance or modification of this Agreement. Matchsports is not responsible for any failures or delays in performing service or delivering your product or a replacement product that are due to events outside Matchsports’s reasonable control.

6. Country Variations. The provisions of this section will control if inconsistent with any provision of this Agreement.

6.1 All EU Countries

6.1.1 Interpretation. The provisions of this section will control if inconsistent with any provision of this Agreement.

6.1.2 For the purposes of this Agreement, Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.1.3 Pursuant to the subsection entitled Service Exclusions and Diagnostic Fee in Section 1, Matchsports may charge you a diagnostic fee of up to €100 (£100 the United Kingdom) or the equivalent in local currency in the countries covered by these terms.

6.1.4 Further to the subsection title Exceptions to Coverage in Section 1, Service under these terms is offered and valid only in Austria, Belgium, Denmark (excluding Greenland and Faroe Islands), Germany, Finland (excluding Åland), France (excluding Corsica, overseas departments and territories), Ireland, Italy (excluding Sardinia), Luxembourg, Monaco, Netherlands, Spain (including Balearic Islands but excluding Canary Islands, Ceuta, Melila), Sweden, Switzerland, Liechtenstein, Norway (excluding Svalbard) and the United Kingdom (excluding the Isle of Man).

6.1.5 The Subsection titled Abandoned Property in Section 1 is replaced as follows: If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Matchsports that your product has been repaired, Matchsports will set you a time period to claim the product. Matchsports will send such notification to you at the mailing address you furnished when you authorized the repairs. If you continue to fail to pick up your product, Matchsports may claim any damages from you including any costs or the storage of such product. Matchsports reserves its statutory and any other lawful liens for unpaid charges.

6.1.6 The following is added to the subsection titled Cancellation in section 5: If you are a consumer, you agree that because Matchsports starts service upon acceptance of your order, you may not exercise the right of withdrawal.

6.1.7 The following is added to the subsection titled Product/Service Changes in section 5: Notwithstanding the subsection title Typographical Errors prior to the conclusion of your contract with Matchsports, you will be provided with the correct information about the main characteristics of the goods or services, as well as the price and delivery costs of the goods or services including all taxes.

6.1.8 The following is added to the subsection titled Governing Law: For customers that do not qualify as consumers, these terms are governed by and construed in accordance with the laws of the Switzerland and all claims must be brought in the courts of Switzerland.

6.1.9 The following is added to the subsection title Data Protection: You may also contact Matchsports’s European data controller at privacy@euro.matchsports.com if you wish to have access to the information that SBI Media  holds concerning you or if you want to make changes.
In addition to the above variations, the following country specific variations apply: 6.2 Belgium

6.2.1 The following is added to subsection titles Cancellation: SBI Media  will be unable to facilitate any cancellation requests for your order, pursuant to Article 79 § 1 Trade Practices Act 1991.

6.3 Austria and Germany

6.3.1 The Subsection title Abandoned Property is replaced as follows: Matchsports is entitled to retain your product until full payment by you of all charges for the repair. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Matchsports that your product has been repaired, Matchsports will invite you to collect the product and/or to accept delivery of the products, in exchange for the payment of the charges. It is understood that, without prejudice to the rights of Matchsports to obtain compensation of damages, you will be responsible for all charges incurred for the custody of the products Matchsports reserves its statutory and any other lawful liens for unpaid charges.

6.4 Australia

6.4.1 Interpretation. The provisions of this section will control if inconsistent with any provision of this Agreement. The rights described in this policy in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Consumer and Competition Act 2010 and other applicable Australian consumer protection laws and regulations. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. The repair of goods may result in loss of the data.

6.4.2 Matchsports. For the purposes of this Agreement, Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.4.3 Exceptions to Coverage. Service under this Agreement is offered and valid only to residents located in Australia. Service under this Agreement is not available where prohibited by law.

6.4.4 Governing law. To the extent permitted by law, all service orders received from residents of Australia will be governed by the laws of New South Wales.

6.4.5 Diagnostic Fee. In Australia, SBI Media  may charge, according to this Agreement, a diagnostic fee of no more than one-hundred ($100 AUD) dollars.

6.5 Canada

6.5.1 Interpretation. The provisions of this section will control if inconsistent with
any provision of this Agreement.

6.5.2 Matchsports. For the purposes of this Agreement, Matchsports is Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.5.3 Exceptions to Coverage. Service under this Agreement is offered and valid only to residents located in Canada. Service under this Agreement is not available where prohibited by law.

6.5.4 Governing Law. To the extent permitted by law, all service orders received from residents of Canada will be governed by the laws of the province of Ontario without giving effect to its conflict of law provisions.

6.5.5 Diagnostic Fee. In Canada SBI Media  may charge, according to this Agreement, a diagnostic fee of no more than one-hundred ($100 CAD) dollars Canadian, plus applicable tax.

6.6 Denmark

6.6.1 For Danish consumers the rights in this warranty come in addition to and
do not affect your mandatory rights as a consumer, including those contained in the Sales of Goods Act, among other things establishing the right to complain as to nonconformities until the expiry of the two year claims period set forth therein, that is 2 years as from the date of the purchase.

6.6.2 Furthermore, If the serviced product fails following the expiry of the 90 day warranty, but within 2 years of date of performance of the services, consumers shall, at Matchsports’s discretion be entitled either to a re- performance of the services, or a refund of the fee paid for the services, if it can be established that such a failure is due to a non-conformance in the service performed.

6.7 Hong Kong

6.7.1 Interpretation. The provisions of this section will control if inconsistent with
any provision of this Agreement.

6.7.2 Payment methods. Matchsports allows you to make purchases or place orders
(that require security for the return of the replaced part or product) using credit card, or some other prearranged payment method unless Matchsports has agreed to some other credit terms.

6.7.3 Matchsports. For the purposes of this Agreement, Matchsports is Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.7.4 Governing Law. To the extent permitted by law, all service orders received from residents of Hong Kong will be governed by the laws of Hong Kong without giving effect to its conflict of law provisions.

6.7.5 Diagnostic Fee. In Hong Kong, SBI Media  may charge, according to this Agreement, a diagnostic fee of no more than seven hundred and eighty ($780) Hong Kong dollars plus applicable tax.

6.8 Japan

6.8.1 Interpretation. The provisions of this section will control if inconsistent with
any provision of this Agreement.

6.8.2 Payment methods. Matchsports allows you to make purchases or place orders
(that require security for the return of the replaced part or product) using credit card, or some other prearranged payment method unless SBI Media  has agreed to some other credit terms.

6.8.3 Matchsports. For the purposes of this Agreement, Matchsports is Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.8.4 Diagnostic Fee. In Japan, SBI Media  may charge, according to this Agreement, a diagnostic fee of no more than ten-thousand (Y10,000) yen plus applicable tax.

6.9 New Zealand

6.9.1 Interpretation. The provisions of this section will control if inconsistent with any provision of this Agreement.
6.9.2 Matchsports. For the purposes of this Agreement, Matchsports is Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.9.3 Exceptions to Coverage. Service under this Agreement is offered and valid only to residents located in New Zealand. Service under this Agreement is not available where prohibited by law.

6.9.4 Governing Law. To the extent permitted by law, all service orders received from residents of New Zealand will be governed by the laws of New Zealand.

6.9.5 Diagnostic Fee. In New Zealand, SBI Media  may charge, according to this Agreement, a diagnostic fee of no more than one-hundred thirty ($130 NZD) dollars.

6.10 Norway

6.10.1 For Norwegian consumers the rights under this Agreement are in addition to your statutory rights pursuant to the Norwegian Craftsmanship Services for Consumers Act (håndverkertjenesteloven) and/or the Norwegian Consumer Purchase Act (forbrukerkjøpsloven), including your right to use the longest period of claim, that is within two years from the repair or purchase.

6.11 United States of America

6.11.1 Interpretation. The provisions of this section will control if inconsistent
with any provision of this Agreement.

6.11.2 Matchsports. For the purposes of this Agreement, Matchsports is Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.11.3 Exceptions to Coverage. Service under this Agreement is offered and
valid only to residents located in the fifty states of the United States of America and the District of Columbia. Service under this Agreement is not available where prohibited by law.

6.11.4 Governing Law. To the extent permitted by law, all service orders received from residents of the United States of America will be governed by California law without giving effect to its conflict of law provisions.

6.11.5 Diagnostic Fee. In the United States of America Matchsports may charge, according to this Agreement, a diagnostic fee of no more than one- hundred ($100 USD) dollars US, plus applicable tax.

6.11.6 NOTICES TO CALIFORNIA CONSUMERS ONLY

6.11.6.1
6.11.6.2

An estimate for repairs, as required (section 9844 of the California Business and Professions Code), shall be given to the customer by the service dealer in writing. The service dealer may not charge for work done or parts supplied in excess of the estimate without the prior consent of the customer. Where provided in writing the service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information, contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento, CA 95814, U.S.
A buyer of this product in California has the right to have this product serviced and repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer’s hands for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect has been fixed. The warranty period also will be extended if the warranty repairs have not been

6. 1 2 Singapore

6.12.1 Interpretation. The provisions of this section will control if inconsistent
with any provision of this Agreement.

6.12.2 Payment methods. Matchsports allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, or some other prearranged payment method unless Matchsports has agreed to some other credit terms.
6.12.3 Matchsports. For the purposes of this Agreement, Matchsports is Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.12.4 Governing Law. To the extent permitted by law, all service orders received from residents of Singapore will be governed by the laws of Singapore, without giving effect to its conflict of law provisions.

6.12.5 Diagnostic Fee. In Singapore, Matchsports may charge, according to this Agreement, a diagnostic fee of no more than one hundred and eighty ($180) Singapore dollars plus applicable tax. 040112 Service Terms v1

6.11.6.3 Performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. The time extension does not affect the protection or remedies the buyer has under other laws.

Sales Tax. In addition to the price of your purchase, Matchsports will charge you sales tax on applicable transactions based on your shipping address and the sales tax rate in effect at the time your order is billed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply. The proof of purchase that Matchsports sends to you will include any applicable sales tax.
Singapore

6.12.1 Interpretation. The provisions of this section will control if inconsistent
with any provision of this Agreement.

6.12.2 Payment methods. Matchsports allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, or some other prearranged payment method unless Matchsports has agreed to some other credit terms.

6.12.3 Matchsports. For the purposes of this Agreement, Matchsports is Matchsports is SBI Media SA, Rue de I”Avenir 23. 2800 Delemont, Jura, Switzerland.

6.12.4 Governing Law. To the extent permitted by law, all service orders received from residents of Singapore will be governed by the laws of Singapore, without giving effect to its conflict of law provisions.

6.12.5 Diagnostic Fee. In Singapore, SBI Media  may charge, according to this Agreement, a diagnostic fee of no more than one hundred and eighty ($180) Singapore dollars plus applicable tax. 040112 Service Terms v1

The information contained in this web site is subject to change without notice. 

Copyright © 2012 -20121 SBI Media SA. All rights reserved.

Matchrider Warranty

Terms and Conditions:

1. What is covered by this warranty?

Matchsports warrants that your new Matchrider, purchased on or after 1st March 2016, is free from any defect in material and workmanship, subject to the following terms and conditions. To honor this Warranty, Matchsports will ensure that an Authorized agent will make necessary repairs (using new or remanufactured parts) to correct any defect covered by this Warranty, without charge to you. Matchsports’s liability under this Warranty is limited to ensuring that any such repairs are made.

2. Who gives this warranty?

SBI Media SA – (Matchsports)
Rue d la Jeunesse 2 – CH 2800
Delemont, Jura, Switzerland
customersupport@matchsports.com

3. What is the warranty period?

This Warranty applies to any defect in your Matchrider which appears within the period:

     (a) commencing on the date of the delivery; and
     (b) terminating:
             (i) 36 months after commencement; or
             (ii) for defects in the form of perforation (rust through) of body, 48 months after commencement.

4. Warranty application

During the Warranty Period, this Warranty is transferable to subsequent owners of the Matchrider.

5. How to claim under this warranty

To make a claim under this Warranty, you must take the following steps:

Step 1
Contact Matchsports direct on customersupport@matchsports.com 
You will need to provide the following information at the time of making the claim:

(a) Your name, address and telephone number.
(b) The nature of your claim and all material details related to your claim.

6. Limitation of liability and remedy

This Warranty is given in lieu of all other express warranties (except those set out separately in this document) on the part of Matchsports. No Authorized Agent, or employee thereof, is authorized to extend or enlarge this Warranty. This Warranty does not affect any statutory rights of persons purchasing a Matchrider and is additional to those rights.

7. Responsibilities of the policy holder

You are responsible for properly operating and maintaining your Matchrider as normal duty of care. 

8. What is not covered by this warranty?

8.1 Damage or corrosion due to misuse, accidents or alterations

• Alterations including modification and tampering.

• Repairs performed or replacement parts installed by any person other than an Authorized Matchsports representative.

• A replacement part or accessory not conforming to Matchsports’s specification.

8.2 Damage or surface corrosion from environment

Caused by environmental conditions including acid rain, airborne fallout (including chemicals, tree sap, etc), stones, salt, sand, hail, wind, storm, lightning, floods, acts of God . 

8.3 Normal deterioration

Normal wear, tear or deterioration including discoloration, fading, deformation and blurring.

8.4 Expenses and damages

• Expenses associated with making a claim under this warranty, including freight, for which you are responsible.

• Any other expenses incurred by you or damages sustained by you, including incidental, special, consequential or exemplary damages, or economic loss, but you may have other entitlements under the Consumer Law.

9. Definition 

Consumer Law – Warranty against defects

Our goods come with guarantees that cannot be excluded under Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. This Warranty gives benefits that are in addition to other rights and remedies under a law in relation to the goods to which this Warranty relates.

The information contained in this web site is subject to change without notice. 
Copyright © 2012 -2021 SBI Media SA. All rights reserved.