Website Terms and Conditions (Terms)
These Terms contain important information, including disclaimers and limitations of liability.
1. Your acceptance
These are the terms on which TV Plus Pty Ltd ACN 159 482 998 (TV Plus) permits users (referred to as you or your) to access and use its website www.tvplus.tv (theWebsite), including using the services and functionality made available through the Website, viewing Content (defined in section 5) provided by TV Plus, communicating with TV Plus, and reviewing subscription product information (Subscription Services).
1.1 You agree to be bound by these Terms by using, browsing or accessing any part of the Website.
1.2 Your use of the TV Plus Subscription Services is governed by a Subscription Agreement, to which you will have agreed upon registration, set out at: www.tvplus.tv If these Terms and the Subscription Agreement both apply in respect of the same subject matter, then the Subscription Agreement prevails to the extent of any inconsistency.
1.3 TV Plus may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted at out Terms and Conditions page. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Changes to the Website
2.1 The Website is subject to change at any time without notice and may contain errors.
3. Contact form
3.1 You may be required to provide contact details, such as a name, email and phone number, in order for a TV Plus sales representative to contact you to discuss Subscription Services or other TV Plus offerings (including prices, product and services).
3.2 You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly inform TV Plus if there is any change to this information or data.
4.1 You may only access certain restricted areas of the Website by entering the account password selected by you when registering (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person using your Password, as if they were your own acts and omissions. TV Plus will not in any event be liable for any loss, damage,claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify TV Plus against all loss, damage, claims, costs or demands in this regard.
5. Changes to our offerings
5.1 We may modify offerings (including prices, product and services) at our discretion for any reason (including but not limited to changes in market conditions, product or service discontinuation, changes in availability, supplier changes, errors in advertising, and in other appropriate circumstances).
5.2 All updates and modifications to this Website including any changes to any content and all offerings (including prices, product andservices) will be subject to these Terms. Any information we provide in relation to the availability of products or services is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products or services that you may order through, as a result of, or in connection with this Website.
6.1 The Website is owned and operated by TV Plus.
6.2 TV Plus has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. TV Plus reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
6.3 The Content on the Website is for general information purposes only. TV Plus does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of TV Plus materials or information by another person or organisation is at the user’s own risk.
6.4 The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.
6.6 Unless expressly stipulated otherwise by TV Plus, any Content that you post on the Website or otherwise provide or communicate to TV Plus will be treated as non-confidential and non-proprietary information.
6.7 If you have a complaint regarding any Content, TV Plus’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
7. Access and communication
7.1 Subject to the consumer guarantees provided for in consumer protection legislation (including the ACL), TV Plus does not warrant that you will have continuous access to the Website. TV Plus will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
7.2 TV Plus does not guarantee the delivery of communications over the internet as such communications rely on third partyservice providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and TV Plus does not guarantee the security or confidentiality of these communications or the security of the Website
7.3 TV Plus does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
7.4 Details contained on the Website relating to products and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. TV Plus does not warrant that the products or services available on this Website or the Website and its Content comply with the laws of any other country. It is your responsibility to determine whether the products or services comply with the laws of your jurisdiction.
7.5 If you access and use this Website or its Content from outside Australia or purchase any products or services, you do so at your own risk.
9. Disclaimer and exclusion of warranties and limitation of liability
9.1 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on TV Plus by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
9.2 Subject to the consumer guarantees provided for in consumer protection legislation (including the ACL), TV Plus and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for negligence or any indirect or direct loss or damage, resulting from any reliance on the Content, or for its accuracy, currency and completeness.
9.3 To the fullest extent permitted by law, TV Plus excludes all warranties or guarantees not imposed under the ACL, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy or suitability in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the products and services advertised or accessible on the Website.
9.4 Subject to this clause 8 and the consumer guarantees provided for in the ACL, TV Plus excludes all liability for any loss, damage, claim, cost or expense whatsoever (including loss of profit and consequential losses) arising out of or in connection with these Terms, the Website, the Content, and all links to or from the Website.
9.5 To the fullest extent permitted by law, the liability of TV Plus for a breach of a non-excludable guarantee referred to in clause 9 is limited, at TVPlus’s option, to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
You will fully indemnify TV Plus in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims,demands and proceedings howsoever arising, whether at common law (includingnegligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website; or
(c) your communications with TV Plus.
11.1 The Website may contain links to other websites. TV Plus provides those links as a ready reference for searching for third party products and services on the internet and not as an endorsement of those web sites, their operators, the products, services or content that they describe.
12. Intellectual property
12.1 All intellectual property rights, including copyright and patents, in the Website, TV Plus’s products and services, and all components of them are owned or licensed by TV Plus or any of its related entities. You must not copy, modify or transmit any part of the Website.
12.2 The Website contains trade marks, logos, service names and trade names of TV Plus or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names or trade names appearing on the Website.
13. Website licence and use
13.1 TV Plus grants you a non-exclusive andnon-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 14 and elsewhere in these Terms.
14. Prohibited uses
14.1 In using the Website you must not:
(a) download (other than page caching) or modify the Website or any portion of the Website
(b) frame the Website without TV Plus’s express written permission;
(c) engage in any commercial activity, including: marketing; advertising or commercialpromotion of products or services; resale; collecting and using any productlists or pricing for the benefit of other merchants; data mining; or using robots or other data collection methods;
(d) impersonate or falsely claim to represent a person or organisation;
(e) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(f) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
(g) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
15. Termination of your access to the Website
15.1 TV Plus may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
16. Jurisdiction and law
16.1 These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
17.1 Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
18. Contacting us
Last updated: 13 April 2013
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