TERMS OF USE

*IMPORTANT INFORMATION*

Everything contained in these Terms (defined in section 2.1 below) is important and should be read by you, but we would like to draw your attention in particular to the following sections. You should read the sections themselves and rely on the short summaries below.

1. By registering for, accessing or using any part of the Service (defined in section 1.5 below), you are entering into a legally binding contract. That contract is between you and us and it incorporates all the terms, conditions, rules and documents forming the Terms. Please read sections 2, 3 and 4 carefully.
2. Some parts of the Service are available only to users who register and set up an account. To be eligible to register for an account, you must be aged 18 or over and be a natural person (i.e., not a business). Please read section 6 carefully.
3. You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that take place under your password (even if those activities haven’t been authorised by you). Please read section 7 carefully.
4. You may use/access the Service for lawful and permitted purposes only. In particular, you must comply with our Acceptable Use Restrictions (defined in section 10 below). Please read section 10 carefully.
5. The Platform (defined in section 1.5 below) may enable users to post, upload, submit, or otherwise make available certain User Contributions (defined in section 11). When you post, upload, submit, or otherwise make available any User Contributions via the Platform, you must comply with our House Rules (defined in section 11.1 below). Please read section 11 carefully.
6. We may end your rights under these Terms if you do certain things, including if you breach any of the Acceptable Use Restrictions or House Rules (or these Terms more generally). If we end your rights under these Terms, we may permanently ban you from the Service and any other sites/services operated by our corporate group. Please read section 12 carefully.
7. In certain circumstances, our liability to you is limited or excluded. When you register for, access and/or use the Service, it is important that you understand what we are liable for, and what we are not liable for. Please read section 14 carefully.
8. You may be required to compensate us for any cost, demand, proceeding, loss, damages or expense sustained or incurred by us because of your breach of these Terms. Please read section 15 carefully.

1.      WELCOME TO OUR TERMS

1.1. The entity with whom you are contracting depends on which Service and Content you are accessing. If you are accessing talkSPORT Content, section 1.2 and 1.3 will apply. If you are accessing Onic Content, section 1.4 will apply.

1.2. talkSPORT Content. We are talkSPORT Limited (registered in England and Wales under company number 02806093) registered address is at 1 London Bridge Street, London, England, SE1 9GF.

1.3. talkSPORT Limited provides access to content (talkSPORT Content) via our radio stations (including Talk, talkSPORT, talkSPORT 2, Virgin Radio UK, Virgin Radio Anthems, Virgin Radio Chilled, Virgin Radio 80s Plus and Times Radio and all other successor brands), channels, social media platforms, websites and associated mobile and smart device applications and all successor sites (together the talkSPORT Platform and, together with the talkSPORT Content, the talkSPORT Service).

1.4. Onic Content. We are Onic Audio Limited (registered in Ireland under company number 423657) registered address is at Arthur Cox Building, Earlsfort Terrace, Dublin 2, D02CK83, Ireland. Onic Audio Limited provides access to content (Onic Content) via our radio stations in Ireland (including U105 in Northern Ireland, FM 104, Cork's 96 FM, C103 - 'Cork's Greatest Hits' , Live 95, Q102 and LMFM and all other successor brands), channels, social media platforms, websites and associated mobile and smart device applications and all successor sites (together the Onic Platform and, together with the Onic Content the Onic Service).

1.5. The talkSPORT Platform and the Onic Platform are collectively referred to as the Platform. The talkSPORT Content and the Onic Content are collectively referred to as the Content. The talkSPORT Service and the Onic Service are collectively the Service.

2.      These Terms and why they’re important

2.1. These terms and conditions (together with the Promotion/Competition Terms applicable to promotional offers and competitions – see section 4 below) (Terms) govern your relationship with us when you register for, access and/or use the Service.

2.2. These Terms contain important information about your rights and obligations when you access/use the Service, so you should take time to read these Terms, and make sure that you understand and agree to them, before you start to access or use any part of the Service.

2.3. By registering for, accessing or using any part of the Service, you agree that you have understood and accepted these Terms, which form a binding contract between you and us. If you do not agree to these Terms (or any part of them) you may not access any part of the Service.

3.      Pay to Reject (personalised and targeted advertising)

3.1. If you do not wish to see personalised advertising when using the Service, then we provide the option for users to view our Content without such personalised advertising in exchange for a monthly fee. This means that you can choose to either: (i) accept our use of cookies, including for personalised advertising, and associated tracking technologies; or (ii) reject our use of cookies for personalised advertising and pay a fee to access the Content without personalised advertising (“Pay to Reject Access”).

3.2. When you sign up for Pay to Reject Access, you will need to:

1. follow the online steps to set up an account and provide a valid payment method, which you can do here: https://ptr.broadcasting.news/
2. provide initial payment and authorise us to receive recurring payments automatically from your chosen payment method in accordance with the billing schedule agreed during the sign-up process until you cancel prior to the next applicable payment date, following which you will no longer be charged.

3.3. Pay to Reject Access does not mean that you will not see any advertising when the Service and such ‘non-personalised’ or ‘non-targeted’ advertising may still be viewable on the Service. Pay to Reject Access means that you will not see personalised or targeted advertising from the use of cookies and associated tracking technologies when using the Service. We recommend that you visit our FAQ page on Pay to Reject Access for more details: https://talksport.com/pay-to-reject/

3.4. You can cancel your Pay to Reject Access by logging into your Pay to Reject Account and selecting the ‘Cancel Pay to Reject membership’ button on the account page. Unless this cancellation is in accordance with your statutory right to cancel, such cancellation will take effect at the end of the current billing cycle.

3.5. You have a statutory right to cancel or withdraw from your Pay to Reject Access without giving a reason within 14 days from the day of the conclusion of the purchase of Pay to Reject Access. If you do so within 14 days of purchase, we will refund all payments received from you using the same method of payment that you used for your purchase. If you send us a notice of cancellation any later than 14 days following your purchase, cancellation will only take effect at the end of your current billing cycle, and you will not be entitled to a refund.

3.6. To exercise your right to cancel, you must inform us of your decision to cancel by making a clear statement. You may use the following model cancellation form, but you are not required to do so:

Model Cancellation Form

To: talkSPORT Limited, 1 London Bridge Street, London, England, SE1 9GF

OR Onic Audio Limited, Arthur Cox Building, Earlsfort Terrace, Dublin 2, D02CK83, Ireland

E-mail address: feedback@talksport.co.uk

I / We(*) hereby give notice that I / We (*) cancel from my / our (*) contract of sale of the following goods (*) / subscription for the following service*,

Ordered on (*) / received on (*)

Name of consumer(s),

Address of consumer(s),

Signature of consumer (only if this form is notified on paper)

Date

(*) Please delete if not applicable

3.7. If you are an EEA-based consumer and have subscribed to Pay to Reject Access, then we are under a legal obligation to ensure we supply our Services in conformity with these Terms.

4.      Other applicable terms

4.1. Promotions / competitions: From time to time, we may offer special promotional offers and competitions via the Platform or otherwise in connection with the Service (Promotions/competitions). The specific terms and conditions relating to these Promotions/Competitions will be displayed on the relevant page(s) of the Platform and/or conveyed on-air, and our general terms and conditions relating to these Promotions/Competitions can be found here | talkSPORT | Virgin Radio | Talk | Onic . The specific terms and conditions together with the general terms and conditions referred to above form the Promotion/Competition Terms, and are incorporated into and form part of these Terms whenever you participate in any Promotions/Competitions.

4.2. Third party terms and conditions: Third party terms and conditions: If you use any third party apps, platforms and/or devices to access the Service, you may be subject to the terms and conditions of the relevant third party. We don’t have any knowledge of or control over these third party terms and conditions.

5.       Changes to these Terms

5.1. We may amend these Terms from time to time for various reasons including to ensure that we remain compliant with relevant laws and regulations, to keep up to date with changes we may make to the Service, for security reasons, and/or to reflect changes in our business operations or practices.

5.2. Please check this page from time to time to take notice of any changes we have made. If we make any material changes to these Terms, we will notify you reasonably in advance by posting a notification via the Platform or by some other means e.g., by emailing you. By continuing to use or access the Service after changes are made (and, if material, notified to you), you are accepting those changes and will be bound by them. If you do not agree to the changes, you should stop using the Service and delete your account.

6.      Registration and eligibility

6.1. Some parts of the Service are available only to users who register and set up an account.

6.2.To be eligible to register for an account, you must be:

• aged 18 or over; and
• a natural person (i.e., not a business).

6.3. Some aspects of our Service may only be available to those based in Great Britain (excluding Northern Ireland), or in the Republic of Ireland.

6.4. To register, you will need to complete a simple registration process by providing some personal information such as your name and email address. You will also need to choose a password for use in connection with your account.

6.5. You agree that you will provide truthful and accurate information when registering for an account. The decision to allow you to register an account or password is in our discretion. You are responsible for ensuring that the information we hold about you is up to date. Please update your details as appropriate from time to time via your account settings or email to feedback@talksport.co.uk or feedback@onic.ie to notify us of any changes.

6.6. If you are accessing talkSPORT Content or Onic Content please refer to our Privacy and Cookie Notice at www.newsprivacy.co.uk, which sets out how we process personal data that we collect from you or that you provide to us, and the use of cookies, on/via the Service.

7.      Account security

7.1. You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that take place under your account that result from your failure to maintain reasonable security of your password and account information and for any access to or use of the Service by you or any person using your account where you have shared your credentials or failed to report unauthorised access promptly, whether or not such access or use has been authorised by you (unless such access was caused by our failure to exercise reasonable care and skill).

7.2. You must immediately notify us of any unauthorised use of your password or account or any other breach of security relating to the Service. We will not be liable for any loss or damage resulting from the disclosure of your password or account details by you in breach of these Terms.

8.      About the Platform and Content

8.1. The Platform enables users to access Content on a free-to-access basis. Content can be accessed live and also, where applicable, on a catch-up/on-demand basis for so long as the relevant Content is made available by us in this way.

8.2. All Content on the Platform is subject to change and is variable from time to time. We are entitled to remove and/or change the Content available via the Platform and/or the functionality of the Service as a whole, at any time and for any reason whatsoever. In particular, we do not guarantee the availability of any particular piece, or category, of Content on the Platform.

8.3. Certain Content may not be available on or via particular devices/platforms or in certain territories due to licensing restrictions.

9.      Accessing the Service via your device / browser

9.1. To experience the Service at its best, you will need to use compatible devices and an internet browser with a sufficiently high speed internet connection or mobile network connection. More information can be found on the following pages | talkSPORT - Watch - Listen | Virgin Radio UK - Listen | Talk - Watch - Listen | Onic - Listen. The recommended minimum technical requirements may change from time to time, and it is your responsibility to ensure you’re using the necessary equipment and systems. We will not be liable for any reduction in quality, speed, or experience as a result of your use of incorrect/unsuitable equipment or systems.

9.2. You are solely responsible for any costs charged by your internet service provider, network operator, mobile service provider, and/or any other provider in relation to your access of the Service.

10.      Acceptable use of the Service

10.1. You may use/access the Service for lawful and permitted purposes only. You may not access parts of the services or Content to which you are not authorised, or attempt to circumvent any restrictions imposed on your use or access of the services. For clarity, your use or access of our Services and any content in the Service is only permitted as expressly set forth in this Agreement and your rights are not expanded, nor are any prohibitions modified or limited, in any way by our use or configuration of exclusionary protocols (e.g., the Robots Exclusion Protocol as implemented through robots.txt files). You agree that you will not (and you will not allow any other person to):

• use or access the Service in any way that is unlawful, improper, or fraudulent; that is defamatory, threatening, abusive, pornographic, objectionable; or which advocates bigotry, hatred, or discrimination;
• access, use, share, or otherwise exploit the Service or any content appearing on the Service for any commercial, business, or monetised purpose (this does not apply to any ‘user contributions’ created and posted by you and in which you retain ownership rights - please see section 10 below) or for any other purpose not expressly permitted in these Terms;
• reproduce, duplicate, publish, copy, share, or re-sell any part of the Service;
• extract any data or metadata from any Content or the Service (including by means of so-called "scraping");
• index, catalogue, compile, or create a database or other collection of any portion of the Services or Content (whether manually or through automated means);
• use or access the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• circumvent any digital rights management software or geo-blocking software (including by the use of a VPN or other similar technologies to mask your location);
• incorporate the Service into another service or website;
• transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of Service;
• access, collect, copy, monitor, republish, text, or data mine any Content from the Service by any automated means (including without limitation by “robot”, “bot”, “spider”, “scraper”, script, service, software or any manual or automatic device, tool, algorithm, code, program, process or methodology) or any other method, whether directly or through an intermediary, intended to circumvent the prohibitions set forth in these Terms;
• use or access any content (including the Content), data or information (including associated metadata) from the Services for any machine learning or artificial intelligence (AI) purposes, including, but not limited to, developing, building, training, fine tuning, or grounding or otherwise utilizing in any large language models (LLMs), machine learning tools, or generative AI systems;
• access without authority, interfere with, damage or disrupt (a) any part of the Service; (b) any equipment or network on which the Service is stored; (c) any software used in the provision of the Service; or (d) any equipment, network or software owned or used by any third party; or
• alter, delete or conceal any copyright, trade mark, service mark or other notices contained within our content or Service.

(together the Acceptable Use Restrictions).

10.2. Rights Reservation

• We expressly reserve all rights in our Content made available on or through the Platform(s) and our Services, including for the purposes of Article 4(3) of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, and any similar or equivalent rights reservation provisions in other jurisdictions, in each case, to the maximum extent permitted by applicable law.
• The restrictions on text and data mining, web scraping, and use or access of our Content for artificial intelligence purposes set out in these Terms shall be treated as an express reservation of our rights.

11.      Contributions made by you – our House Rules and usage rights

11.1. The Platform may enable users to post, upload, submit, or otherwise make available contributions such as (without limitation) comments, etc. (collectively, User Contributions). When you post, upload, submit, or otherwise make available any User Contributions via the Platform, you warrant (i.e., promise) and represent that:

• the creation, distribution, transmission or public display, and the accessing, downloading or copying of any of your User Contributions, does not and will not infringe the intellectual property, moral, or other rights of any third party;
• you are the creator and owner of, or have the necessary licenses, rights, consents, releases and permissions, to use and to authorise us to use your User Contributions in any manner contemplated by the Service and these Terms;
• your User Contributions are not false, inaccurate, or misleading; do not contain any material which is defamatory, obscene, unlawful, harmful, offensive, or inappropriate; do not bully, ridicule, mock, disparage, intimidate, or abuse anyone; and do not constitute a contempt of court or expose us or any third party to any civil or criminal proceedings;
• your User Contributions do not violate any applicable law, regulation, or rule;
• your User Contributions do not contain any material that solicits personal information from anyone or exploits or seeks to exploit anyone in a sexual or violent manner;
• your User Contributions are not and do not contain or relate to unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
• your User Contributions do not violate any law concerning child pornography, and are not otherwise intended to, nor could be reasonably expected to, negatively affect the health (including mental health) or well-being of minors;
• your User Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical disability, or any other protected or vulnerable category; and
• your User Contributions do not otherwise violate, or link to any materials that violate, any provision of these Terms, or any applicable law or regulation,

(together our House Rules).

11.2. You acknowledge and agree that:

• we have no responsibility to review or actively moderate any User Contributions;
• we do not endorse any User Contributions and cannot guarantee that they will meet any particular standards;
• any views expressed in the User Contributions do not necessarily reflect our views.

11.3. Consequently, we do not accept any responsibility or liability for User Contributions or any actions that you may take in reliance on them.

11.4. By submitting User Materials, you grant to us a non-exclusive (i.e. you can still license your content to others) and irrevocable (i.e. you cannot end the licence) licence to use, edit, reproduce, distribute, transmit, broadcast, make available and display your User Materials via the Platform without restriction.

12.      Ending your rights under these Terms

12.1. We may end your rights under these Terms immediately and without notice if:

• you breach these Terms including (without limitation) any of the Acceptable Use Restrictions or House Rules; or
• we are legally obliged to; or
• it is necessary to deal with a serious technical or security issue.

12.2. If we end your rights under these Terms under section 12.1, you must immediately stop all activities authorised by these Terms, including your access of the Service, and we may permanently ban you from the Service and any other sites/services operated by our corporate group if there are compelling reasons to do so.

12.3. There is no monetary charge for this Service, unless you choose to purchase Pay to Reject Access. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will provide you with as much notice as possible. You may be eligible for a pro-rated refund for any pre-paid fees that you have paid for Pay to Reject Access to the extent that the Service is no longer available for the prepaid period.

13.      Closing your own account

You can close your own account at any time in the settings section of the applicable app/s and by following the instructions.

14.      Our responsibility to you

14.1. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes our liability for:

• death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors;
• fraud or fraudulent misrepresentation; or
• breach of your statutory rights as a consumer.

14.2. Except as set out in the paragraph above, you accept and agree that we will not be responsible for any damage or loss caused to you or any third party where such damage or loss:

• is not reasonably foreseeable to you and us when you use or access the Service (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen);
• is caused by your breach of these Terms or your use or access of the Service (including any Content) otherwise than as permitted by us; or
• results from an event or series of events outside our reasonable control such as (for example) weather conditions, acts of nature or ‘acts of God’ , war or terrorism, insurrection, riots, civil disorders or rebellion, pandemics, quarantines or embargoes, labour strikes, or other causes beyond our reasonable control.

14.3. We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the Service will be accurate or reliable. From time to time, your access to the Service may be suspended or restricted to allow for maintenance, repairs, upgrades, or the introduction of new functions. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.

14.4. We are not responsible for the acts or omissions of any third party that is not under our control, including any third party provider of apps/platforms used to access the Service.

15.      Your obligation to us

You agree to compensate us for any reasonable cost, demand, proceeding, loss, damages or expense sustained or incurred by us due to or arising out of your breach of these Terms.

16.      Intellectual property rights

The Service and all materials available on, in, or via the Service (including the Content and all other text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual content, music and other sounds, databases, data compilations, and data (together the Service Content)) are owned and controlled by or licensed to us. You have no rights in, or to, the Service Content other than the right to access the Service Content strictly in accordance with these Terms. You may not copy, adapt, display, share, communicate to the public or otherwise use any Service Content except as enabled and permitted by these Terms from time to time.

17.      Third party updates

If you’re using third party apps (e.g., mobile apps, smart device apps, etc.) to access the Service, app updates may be issued through the relevant third parties. Depending on the update, you may not be able to use those apps to access the Service until you have downloaded or updated to the latest version and accepted any new terms. We have no control over, or liability, for this.

18.      Websites we link to

The Platform may offer links to other websites from which third party products and services can be obtained. These other websites are independent from us. We make no representations, endorsements, or warranties as to the legitimacy, accuracy or quality of any products or services available via these links, and we do not accept any responsibility for their content, safety, practices or privacy policies.

19.      Computer viruses

To the extent within our reasonable control, we will use reasonable efforts to ensure that no part of the Service will contain or spread any viruses or other malicious code. However, we recommend that you ensure any equipment used to access the Service runs up-to-date anti-virus software as a precaution, and you are advised to virus-check any Content accessed via the Service and regularly check for the presence of viruses or other malicious code.

20.      No reliance on information

The Content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Service.

21.      Getting in touch with us

21.1. If you wish to contact us for any reason, you can do so as follows:

• Talk - Contact Us
• Virgin Radio UK - Contact Us
• talkSPORT - Contact Us
• Dublin’s Q102 - Contact Us
• FM104 - Contact Us
• Cork’s 96 FM - Contact Us
• C103 - Contact Us
• Limerick’s Live 95 - Contact Us
• U105 - Contact Us
• LMFM - Contact Us

21.2. We will not tolerate offensive, racist or abusive language to our staff, personal attacks, harassment or any other inappropriate behaviour.

22.      Other important terms

22.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not negatively affect your rights or our obligations under these Terms.

22.2. If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

22.3. Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

22.4. These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction, provided that such choice of law and jurisdiction will not deprive you of any mandatory protections given to you by the laws of your country of residence (if different). This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts in the country where you live if you live outside of England and Wales. If you live outside of England and Wales, we will only bring a claim against you in the courts of the country where you live.