FOX SPORTS Application

FOX SPORTS Application Terms and Conditions (Terms and Conditions)

  1. FOX SPORTS Australia Pty Limited (FOX SPORTS, we or our) is the owner and operator of the FOX SPORTS App (Application).
  2. Users of this Application (users or you) agree to be bound by these terms and conditions and the Privacy Policy http://www.foxsports.com.au/help/privacypolicy, which are subject to change at the sole discretion of FOX SPORTS at any time and without notice. Please read these terms and conditions on a regular basis so that you are aware of any changes. Your use of and access to this Application indicate your acceptance of these terms and conditions (and any changes to them). We will not be liable for any loss or disappointment that you may suffer as a result of changes to these terms and conditions.
  3. We may, at any time and without notice, change, delete or add to the Application or the information, products or services described on it for any or no reason.
  4. If you are:
    • a subscriber/member of the news+ network through any of the following online mastheads heraldsun.com.au, www.couriermail.com.au, www.theadvertiser.com.au, www.dailytelegraph.com.au or a subscriber/member of www.foxsports.com.au (including of the FOX SPORTS Complimentary Digital Subscription for eligible Foxtel Sports Subscribers), www.theaustralian.com.au or www.perthnow.com.au (together, a Subscriber/Member), you will be required to log in to the Application with your Subscriber/Member account details. You represent and warrant that the account details you register are your own. Subscribers/Members are bound by the Registration Terms and Conditions and/or Subscription Terms and Conditions relevant to their News Site access; or
    • a subscriber of the FOX SPORTS Apple TV Application, you will be required to log in to the Application with your account details. You represent and warrant that the account details you register are your own. Except in the event of any inconsistency with these Terms and Conditions, Users are bound by the FOX SPORTS Apple TV Application Terms and Conditions while using the Application.
  5. If you are not a subscriber of any of the options in paragraph 4 above, you can subscribe to the Application for the following options in paragraphs 5.a – 5.f below via iTunes. All Application subscriptions are auto-renewing and are quoted in Australian dollars. Payment will be charged to your iTunes Account at upon confirmation of purchase. Subscription fees do not include data costs which are dependent on how much and how you download content and your agreement with your provider. Please contact your ISP or carrier network provider about these costs.
    • FOX SPORTS Digital Subscription (Monthly): $4.99 per month, automatically debited every 28 calendar days. Your account will be charged for renewal within 24 hours prior to the end of the current 28-day period.
    • FOX SPORTS Digital Subscription (Annual): $49 for 12 months, automatically debited every 365 calendar days. Your account will be charged for renewal within 24 hours prior to the end of the current 365-day period.
    • FOX SPORTS EPL On Demand (Flexi Pass): $4.99 per week, $19.96 automatically debited every 28 calendar days (minimum spend $19.96). Your account will be charged for renewal within 24 hours prior to the end of the current 28-day period. This subscription is subject to the terms of the FOX SPORTS EPL On Demand subscription, as set out in Annexure 1 below.
    • FOX SPORTS EPL On Demand (Season Pass): $89 for the period 1 August 2015 – 31 July 2016, auto-renewing subscription. Auto-renewal will occur on 1 August 2016. This subscription is subject to the terms of the FOX SPORTS EPL On Demand subscription, as set out in Annexure 1 below.
    • FOX SPORTS Digital Subscription and FOX SPORTS EPL on Demand (Monthly): $9.99 per month automatically debited every 28 calendar days. Your account will be charged for renewal within 24 hours prior to the end of the current 28-day period. This subscription is also subject to the terms of the FOX SPORTS EPL On Demand subscription, as set out in Annexure 1 below.
    • FOX SPORTS Digital Subscription and FOX SPORTS EPL on Demand (Annual): $119.99 for every 365 calendar days. Your account will be charged for renewal within 24 hours prior to the end of the current 365-day period. This subscription is also subject to the terms of the FOX SPORTS EPL On Demand subscription, as set out in Annexure 1 below.
  6. If you subscribe to the Application via iTunes and you wish to turn off or manage your Application subscription, you can do so from your computer, iPhone, iPad, or iPod touch in the ‘Account Setting’ section of your iTunes Account. This subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current renewal period. You will continue to have access to the Application until the end of that renewal period. You can also find out more about managing auto-renewing subscriptions here: http://support.apple.com/kb/ht4098.
  7. FOX SPORTS reserves the right to refuse access to the Application in its sole discretion. You are solely responsible and liable for activity that occurs on your account and you are responsible for maintaining the confidentiality of your password. Users of the Application are responsible for all costs arising from the use of the Application including, without limitation, all subscription, browsing/data charges and internet costs.
  8. All intellectual property rights in this Application and the material included on it, other than User Generated Material (defined below), are owned by FOX SPORTS or its licensors or advertisers, and users obtain no interest in those rights.
  9. Users must not circumvent, disable or otherwise interfere with security-related features of the Application or any features which prevent or restrict use, distribution or copying of the Application or any content within the Application. You may only view the content which you access through the Application for personal, non-commercial use via your mobile device and you must not alter or modify the content or Application in any way.
  10. This Application may include third party content which is subject to that third party’s terms and conditions of use. We encourage you to read those third party terms and conditions of use prior to accessing such third party content. As FOX SPORTS has no control over such content, you acknowledge and agree that FOX SPORTS is not responsible for the availability of the third party content and that FOX SPORTS neither endorses nor is responsible for any such content, including advertising, products or other materials.
  11. The Application may contain facilities (including facilities provided via social media sites such as Twitter and Facebook) that enable users to interact with other users and post and/or transmit content (including text and photographs) (User Generated Material).
  12. You are responsible for any User Generated Material that you post, transmit or otherwise make available via the Application. You must not post, transmit or otherwise make available User Generated Material:
    • which is abusive, defamatory, obscene, profane or vulgar;
    • which is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability;
    • which is not your original work, or which violates or infringes the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
    • which you know (or reasonably ought to know) to be false, misleading or deceptive;
    • in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or
    • which violates any law or regulation.
  13. FOX SPORTS assumes no responsibility for monitoring the Application for inappropriate User Generated Material. If at any time FOX SPORTS elects, in its sole discretion, to monitor User Generated Material on the Application, FOX SPORTS nonetheless assumes no responsibility for any User Generated Material and no obligation to modify or remove any inappropriate User Generated Material. FOX SPORTS may reject, refuse to post or delete any User Generated Material for any or no reason.
  14. FOX SPORTS accepts no liability in relation to any User Generated Material including its content or accuracy.
  15. You grant to FOX SPORTS, its assignees and authorised nominees a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public in all media throughout the world any User Generated Material posted, uploaded, transmitted or otherwise made available by you via the Application.
  16. To the extent permitted by applicable law, you unconditionally and irrevocably:
    • consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material which is posted, uploaded, transmitted or otherwise made available by you via the Application; and
    • waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights.
  17. Terms and conditions of entry for any promotion or competition (Competition Terms) conducted via the Application will appear with that promotion or competition. You should read those Competition Terms in conjunction with these terms and conditions.
  18. To the fullest extent permitted by law and subject to paragraph 19, FOX SPORTS will have no responsibility or liability to you in relation to any loss or damage of any kind (direct or indirect) however caused (including through our negligence) which is suffered or incurred by you or any other person, including without limitation damage to your software, hardware or any other device, arising from your use of or access to this Application or any linked third party content. You must take your own precautions to ensure that any content within the Application which you use is free from viruses, worms, trojan horses or any other harmful component which may interfere with or damage the operation of your software, hardware or any other device used to access the Application.
  19. Nothing in these terms and conditions limits, excludes or modifies, or purports to limit, exclude or modify, the statutory implied guarantees/warranties as provided under the Competition and Consumer Act 2010 (Cth) and the ASIC Act 2001 (Cth), including the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.
  20. The information within the Application is not comprehensive and is intended only to provide a summary of the subject matter covered. FOX SPORTS does not undertake to keep the Application up-to-date and is not liable to you or any other person for any loss or disappointment suffered if the Application or content within it is not available or the content within the Application is incorrect, incomplete or not up-to-date. You must make your own assessment of it and rely on it wholly at your own risk.
  21. If you wish to make a complaint regarding content on the Application, please notify FOX SPORTS by email at feedback@foxsports.com.au with ‘FOX SPORTS Application Complaint’ as the subject line or by post at Postal Locked Bag 9000, Crows Nest, NSW, 1585. When contacting us regarding a complaint, please provide the following information in writing:
    • full details of the nature of your complaint and the content which it relates to;
    • details of when and how (e.g. via a link) you viewed the content; and
    • sufficient contact information to allow us to contact you regarding your complaint.

    FOX SPORTS endeavours to respond to complaints regarding content on the Application within 30 days.

  22. FOX SPORTS may, in its sole discretion, terminate or suspend your access to all or part of the Application at any time, with or without notice, if you breach these terms and conditions.
  23. You agree to fully indemnify and hold harmless FOX SPORTS and its related bodies corporate against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with:
    • your use of or access to the Application;
    • User Generated Material which you post, transmit or otherwise make available; or
    • any breach by you of these terms and conditions.

    This indemnity will survive these terms and conditions and your use of the Application.

  24. Your use of the Application and these terms and conditions are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

 

 

 

Annexure 1 – Terms & Conditions for FOX SPORTS EPL on Demand

 

  1. FOX SPORTS Australia Pty Limited A.B.N. 16 065 445 418 (FOX SPORTS) is the owner of the FOX SPORTS EPL ON DEMAND service (“Service”). FOX SPORTS and News Limited (News) (together, We, Us or Our) are the operators of the Service. The Service includes 4 selected Barclays Premier League matches live, and 6 Barclays Premier League matches on-demand, in each full round of the current Barclays Premier League Season. Live matches can be watched live (only) and all on-demand matches expire before kick-off of the first match of the next round (except for the final round matches which expire 7 days after they have been played).
  2. Users of this Service (Users or You) agree to be bound by these terms and conditions, the Privacy Policy http://www.foxsports.com.au/help/privacypolicyand the Registered Access Terms and Conditions http://www.foxsports.com.au/help/subscription-terms. News or its relevant related companies may change any applicable terms and conditions from time to time. If this happens, amendments will be posted on the affected News Sites or other News Digital Media and will also be accessible through your login to My Account. Please read these terms and conditions on a regular basis so that You are aware of any changes. Your use of and access to this Service indicate your acceptance of these terms and conditions (and any changes to them). If you object to changes to any terms or conditions you may call Customer Support on 1300 MY NEWS (1300 69 63 97) or email Customer Support at customersupport@news.com.au (who will consider your position acting reasonably).
  3. You must ensure, before you subscribe to the Service, that your internet connection speed is appropriate for streaming audio-visual content and that your personal computer satisfies all other technical requirements as set out on the Help Page for the FOX SPORTS EPL On-Demand Service.
  4. All content on the website and the Service (which includes without limitation all streaming content, graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trade mark rights. All intellectual property rights in this Service and the material included on it are owned by FOX SPORTS or its licensors or advertisers, and users obtain no interest in those rights.
  5. Users must not circumvent, disable or otherwise interfere with security-related features of the Service or any features which prevent or restrict use or copying of any content on the Service. You may view the content which You access through the Service for personal, non-commercial use via your compatible computer or other electronic device. You must not display or communicate the service to the public and You must not alter or modify the content or Service in any way. The Service and its content may only be used and viewed within Australia. Any use of any of the materials (including without limitation the matches, data, information or statistics) on the FOX SPORTS Website or made available as part of the Service which does not comply with these Terms of Use, including without limitation reproduction, modification, distribution, forwarding or republication, without the prior written permission of FOX SPORTS is strictly prohibited, and is a violation of the proprietary rights of FOX SPORTS Australia Pty Limited and the Football Association Premier League.
  6. You are only permitted to use up to two (2) of your devices to view the Service at any one time. If you attempt to use more than two (2) devices at any one time, We may deny you access to the Service, or suspend or cancel your account. You are solely responsible and liable for activity that occurs on your account and You are responsible for maintaining the confidentiality of your password. Users of the Service are responsible for all costs arising from the use of the Service including, without limitation, all download, browsing/data charges and internet costs.
  7. If you subscribe to the EPL On-demand Season Pass you will obtain access to the Service for each Barclays Premier League Season until your subscription is cancelled by You or Us.  Payment for your first EPL On-demand Season Pass is to be made upfront via PayPal or debit/credit card (American Express, Visa, MasterCard and Diners Club credit cards are accepted). Payment for the EPL On-demand Season Pass for further available Barclays Premier Leagues Seasons will be automatically processed on 1 August in the relevant year just before the commencement of the applicable season. We will remind you via email when this is about to occur so you can update your details if required. If you do not want the subscription to continue it is your responsibility to unsubscribe ahead of this date.  Changes to or cancellation of subscriptions and changes to PayPal or debit/credit card details can be made online via My Account or by contacting Customer Support on 1300 MY NEWS(1300 69 63 97) or by emailing Customer Support at newsplussupport@news.com.au.
  8. If you subscribe to the EPL On-demand Mid-season Pass (once it is available), you will obtain access to the Service for the remainder of the 2015/16 Barclays Premier League Season. Payment for the Mid-Season Pass Service, is to be made upfront via PayPal or debit/credit card. American Express, Visa, MasterCard and Diners Club credit cards are accepted.
  9. We will not provide a refund for the Season Pass or the Mid-Season Pass if you change your mind, or if your Season Pass or the Mid-Season Pass is cancelled (other than where it is cancelled by Us without cause). If the Service has an ongoing major failure you may be entitled to a refund in accordance with the Australian Consumer Law.
  10. If you subscribe to the EPL On-demand Flexi Pass Subscription you will obtain access to the Service for the 2015/16 Premier League Season for each week you continue to be subscribed. For the EPL On-demand Flexi Pass Subscription Service, payment is to be made by automatic recurring 4 weekly payments via PayPal or debit/credit cards. Payments are made in advance. American Express, Visa, MasterCard and Diners Club credit cards are accepted. The recurring payment for the amount of the offer you have requested will be automatically charged by News every 4 weeks in advance, subject to the terms set out below, until such time as the subscription is cancelled or expires.
  11. Auto-renewing subscriptions require payment approximately 5 days prior to the commencement of each billing period. If payment fails, we will attempt to notify you and request that you update your payment details. We will re-attempt payment several times. During this
    period we will grace your subscription for up to 5 days after which time we will commence the cancellation process.
  12. Your EPL On-Demand Flexi Pass Subscription Service will continue until cancelled by either one of us. Your EPL On-Demand Flexi Pass Subscription may be cancelled at any time by calling Customer Support on 1300 MY NEWS (1300 69 63 97) or by emailing Customer
    Support at customersupport@news.com.au or by sending a cancellation request online via My Account.
  13. If you cancel your EPL On-Demand Flexi Pass Subscription before the end of a prepaid subscription period, you will be entitled to a prorated refund for any unused days.
  14. Mid-Season Pass and Flexi Pass EPL On-Demand Subscriptions will automatically expire at the end of the 2015/2016 Barclays Premier League Season, on 26 May 2015 and will not automatically renew after this date.
  15. FOX SPORTS and News reserve the right to cancel your Subscription to the Service:
    • without notice or liability if either of us reasonably determine you have breached any portion of these terms and conditions or the terms and conditions of use for any subscription from News, in which instances a refund will not be given; and
    • at any other time and where this cancellation occurs before the end of a prepaid subscription period and you will then be entitled to a prorated refund for any unused days/months and will be notified by FOX SPORTS/News of the reasons for the cancellation.
  16. If you are paying a discounted price for the Service as a +Rewards or other benefit of being a subscriber to a service supplied by News, then the following provisions apply despite anything else in these terms and conditions:
    • News may cancel Your access to the Service if your related News membership or subscription is cancelled (and provided the cancellation is not due to your breach of any membership or subscription terms, News will pay you a refund on a pro rata basis for any unused days);
    • Cancellation of your EPL On-Demand Subscription does not affect your registration, membership or subscription from News (unless they are also cancelled); and
    • your Service is only for the 2015/16 season and will not auto-renew.
  17. Cancellation of your EPL On-Demand Subscription does not affect your Registered Access or any subscription from News Limited (unless they are also cancelled).
  18. If you are under the age of 18 you require consent from your parent or guardian and the credit card holder to authorise charges to be made.
  19. Through this sales platform you can only sign up for yourself. You cannot sign up as a gift for another person.
  20. Due to the nature of providing live coverage of a sporting competition and our arrangements with the Premier League, you agree that as part of the Service, none of the Operators are able to ensure that any particular match or matches will be scheduled for live or delayed on demand viewing. Accordingly, we cannot confirm (and you should not rely on) the continued inclusion of any match, the scheduling of any match at the advertised time or the appearance of any team(s) or player(s) in any match as advertised. You also agree that we may vary the Service, including any part of Service, at any time by changing or withdrawing a scheduled match, adding another match or changing the transmission time of a scheduled match. We will provide you with as much notice as possible of such changes via the Service or the FOX SPORTS website. Neither of Us will be liable for any loss or disappointment that you may suffer as a result of these actions.
  21. Subject always to paragraph 22 below, to the fullest extent permitted by law, neither FOX SPORTS nor News will have any responsibility or liability to you in relation to any loss or damage of any kind (direct or indirect) however caused (including through negligence) which is suffered or incurred by you or any other person, including without limitation damage to your software, hardware or any other device, arising from your use of or access to this Service or any linked third party content.
  22. Nothing in these terms and conditions limits, excludes or modifies, or purports to limit, exclude or modify, the statutory implied guarantees/warranties as provided under the Competition and Consumer Act 2010(Cth) and the ASIC Act2001 (Cth), including the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.
  23. If you wish to make a complaint regarding content on the Service, please notify FOX SPORTS by email at feedback@foxsports.com.au with EPL ON-DEMAND Content Complaint as the subject line or by post at Locked Bag 9000 Crows Nest NSW 1585. When contacting us regarding a complaint, please provide the following information in writing:
    • full details of the nature of your complaint and the content which it relates to;
    • details of when and how (e.g. via a link) you viewed the content; and
    • sufficient contact information to allow us to contact you regarding your complaint.
  24. FOX SPORTS endeavours to respond to complaints regarding content on the Service within 30 days.
  25. To the full extent permitted by law and subject to clause 22, you agree to fully indemnify and hold harmless FOX SPORTS, News and each of their related bodies corporate against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with any breach by you of these terms and conditions and/or misuse of the Service by, or authorised by, you. This indemnity will survive the termination or expiry of these terms and conditions.
  26. Your use of the Service and these terms and conditions are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.