1. Overview

1.1 Stan is a video on demand subscription service that provides its customers with access to a wide range of movies, television programs, sports and other audio-visual content which includes Stan Event content (Content) for streaming on a live and on demand basis and by means of Temporary Download over the internet to certain internet connected devices (Stan Service). A list of the current supported internet connected devices can be found here help.stan.com.au/hc/en-us/articles/202759750 (Supported Device). We may change the list of Supported Devices from time to time.

1.2 For certain Supported Devices, the Stan Service is accessed via a Stan software application that allows you to manage and view the Stan Service (Stan App) and you may need to install the Stan App on such Supported Device. If your Supported Device is a PC or a Mac, the Stan Service is accessed via the website stan.com.au (Stan Website).

1.3 The Stan Service is provided by Stan Entertainment Pty Ltd (ABN 94 168 856 924) (we, us or our).

2. Agreement

2.1 This subscriber Agreement governs your use of the Stan Service (including your use of the Stan App and/or Stan Website) and your use of the Software (as defined in clause 7.1 below). You agree to this Agreement by clicking “I agree” (or other similar industry standard wording) during the Stan registration process when registering an account to access the Stan Service (Account) and during other instances following registration of your Account (e.g. if you change your Subscription Plan or add an Add-On Plan to your Account), and you ratify the Agreement when you use any aspect of the Stan Service. If you do not agree to be bound by the terms of this Agreement, you may not use the Stan Service.

2.2 This Agreement incorporates:

1. your Account details;
2. these terms and conditions;
3. our Privacy Policy; and
4. our Collection Statement.

2.3 We may change the terms of this Agreement at any time. We will notify you of any material change prior to the date such change comes into effect. If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 9 below. If you do not agree to any change to the terms of this Agreement, you must discontinue use of the Stan Service. Our customer service teams are not authorised to make any modifications to any terms of this Agreement, either in writing or verbally.

2.4 You can contact us via help.stan.com.au at any time to obtain a copy of the current version of this Agreement and the preceding version of this Agreement.

2.5 This Agreement continues month to month unless you cancel your Account or we terminate this Agreement in accordance with the terms of this Agreement.

3. Eligibility and Registration

3.1 To register for an Account which will allow you to subscribe to the Stan Service, you must:

1. be at least 18 years of age;
2. provide us with your email address;
3. select a Subscription Plan in accordance with clause 4 of this Agreement
4. provide us with the details of your valid, current and accepted method of payment (including via credit/debit card or PayPal account), as may be updated from time to time, and which may include payment through your account with a third party (such as, for example, iTunes) (Payment Method);
5. have an Australian residential address and provide us with your postcode;
6. accept the terms of this Agreement; and
7. agree to receive news, offers and updates on Stan (including in accordance with our Privacy Policy and applicable law) (see clause 7.18 below for more information).

3.2 To access the Stan Service, you must:

1. register an Account;
2. have a Supported Device that is connected to the internet in Australia;
3. install the Stan App (if necessary); and
4. subject to the specific terms of any Promotional Offer (as defined below), pay the monthly Subscription Fee (as defined below) in accordance with clause 6 below.

3.3 HD and 4K Ultra HD availability is subject to your Internet service and device capabilities. Not all Content on the Stan Service is available in HD or 4K Ultra HD. Offline capabilities (i.e. watching Content that has been temporarily downloaded whilst not connected to the internet) are available on Supported Devices.

4. Subscription Plans

4.1 Stan offers different subscription plans for the base Stan Service (Subscription Plan(s)). A different monthly subscription fee (Subscription Fee) applies to each Subscription Plan. Information on the inclusions within each Subscription Plan is available at stan.com.au.

4.2 You must choose your Subscription Plan when you create your Account.

4.3 If you already have an Account then you can change your Subscription Plan by visiting my.stan.com.au.

4.4 If you change your Subscription Plan we will commence charging your Payment Method the then current Subscription Fee for the Subscription Plan you are using at the commencement of your next monthly subscription period in accordance with clause 6 below.

4.5 The Stan Service may be offered to you as part of a third party promotional in conjunction with the provision of that third party’s own products and services (including bundling promotions and/or packages). We are not responsible for any products and services provided by third parties. Some subscription plans offered by third parties may have differing conditions and limitations and additional fees to the Subscription Fees, which will be disclosed at the time you sign-up or in other communications provided to you. In the event you register for an Account with Stan via a third party provider, you can still find details regarding your Stan Account by visiting our website and clicking on the “Manage Account” tab available at the top of the pages of our website under your profile.

4.6 Stan and other third parties may also offer you particular services or packages that are an add on to your base Subscription Plan (such as, for instance, Stan Sport) (Add-On Plan). A separate monthly subscription fee (Add-On Subscription Fee) in addition to your Subscription Fee applies to each Add-On Plan that you subscribe to. Information on any Add-On Plans connected with a Subscription Plan is available at stan.com.au. You must have a Subscription Plan in order to sign up for an Add-On Plan on the Stan Service.

5. Promotional Offers

5.1 Stan may offer free trials to some Account holders, which is subject to Stan’s sole discretion.

5.2 Your access to the Stan Service including your Subscription Plan, Add-On Plan or any Stan Event may include a free trial period (see clause 5.1 above) or other promotional discount or benefit (Promotional Offer). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer in our absolute discretion, including that we reserve the right to revoke any Promotional Offer and put your Account on hold in the event that we determine you are not eligible (which may be applicable to a Subscription Plan and/or Add-On Plan). Promotional Offers may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, this Agreement. We may charge for Promotional Offers based on the then current monthly Subscription Fee for your Subscription Plan if we consider that the Promotional Offer is being abused. We may use information such as device ID, Payment Method (including your credit card details) or an Account email address used with an existing or recent Subscription Plan and/or Add-On Plan to determine Promotional Offer eligibility. The eligibility requirements and other limitations and conditions associated with a Promotional Offer will be disclosed at the time you sign-up or in other communications provided or made available to you. If the Promotional Offer comprises free or discounted access to a Stan Event, you must have a valid and active Subscription Plan in order to access and view the Stan Event.

5.3 It is your responsibility to know:

1. when your free trial period ends;
2. the applicable Subscription Fee for your Subscription Plan; and
3. the applicable Add-On Subscription Fee for your Add-On Plan (if relevant).

5.4 We will commence billing you the monthly Subscription Fee and Add-On Plan (if relevant) for your then current Subscription Plan and Add-On Plan (if relevant) in accordance with clause 6, unless you cancel your Account before the end of the free trial period as set out in clause 9 below.

6. Payment

6.1 By registering your Account and providing us with the details of your Payment Method, you authorise us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan and, if relevant, the Add-On Subscription Fee for any chosen Add-On Plan in accordance with this Agreement.

6.2 The Subscription Fee for your Subscription Plan and the Add-On Subscription Fee for any Add-On Plan will be charged to your Payment Method in advance of each monthly subscription period. You may update your Payment Method by going to your “Manage Account” page. Following any update, you authorise us to continue to charge the applicable Payment Method(s).

6.3 Your first monthly subscription period for your Subscription Plan starts when you:

1. create your Account, or if your Account commences with a free trial period, immediately after expiry of your free trial period; and
2. pay your first monthly Subscription Fee from your Payment Method.

6.4 Your first monthly subscription period for any Add-On Plan starts when you:

1. sign up to an Add-On Plan, or if your Add-On Plan commences with a free trial period, immediately after expiry of your free trial period; and
2. pay your first monthly Add-On Subscription Fee from your Payment Method.

6.5 At the end of the first monthly subscription period and each monthly subscription period thereafter (for both your Subscription Plan and Add-On Plan (if relevant)), we will automatically renew your monthly subscription and charge your Payment Method the monthly Subscription Fee unless and until you cancel your Account. If you created your Account on the 29th or 30th of the month, your Payment Method will be charged the monthly Subscription Fee and Add-On Plan (if relevant) on the anniversary of such date in each month except for February, where your Payment Method will be charged the monthly Subscription Fee on the last day of the month. If you created your Account on the 31st of the month, your Payment Method will be charged the monthly Subscription Fee on the last day of each month.

6.6 When you sign up for an Add-On Plan at a different time to your Subscription Plan (e.g. you sign-up to Stan Sport and a free trial is offered which ends before your next billing cycle date for your Subscription Plan), you will be charged a pro-rata fee to synchronise the dates that you are charged for both your Subscription Plan and Add-On Plan (Pro-Rata Charge). Pro-Rata Charges are based on the number of days left in the current billing cycle, divided by the number of days in the current billing cycle then multiplied by the full price of the relevant Subscription Plan/Add-On Plan.

6.7 Unless expressly stated otherwise, all Subscription Fees and Add-On Subscription Fees are GST inclusive. If your chosen Payment Method is your Valid Card, to ensure your Valid Card is not being used fraudulently, we may validate your Valid Card with a small pre-authorisation. This will result in the funds available on your Payment Method account being reduced by this amount. These funds are held by your card issuer. It may take some days for the validation amount to be re-adjusted on your Payment Method account.

6.8 You must ensure that the details of your Payment Method remain accurate and up to date. You can change your Payment Method details by visiting my.stan.com.au.

6.9 If you registered an Account via a third party and registered your Payment Method with the third party, you can find the billing information about your Stan subscription by visiting your Account with the applicable third party.

6.10 We may make any changes to the Subscription Fee (including increasing the Subscription Fee) for the Subscription Plan you are currently subscribed to at any time by giving you at least 30 days’ notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).

6.11 If we are unable to collect the Subscription Fee and/or Add-On Subscription Fee (if relevant) from your Payment Method(s) for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Stan Service without giving you notice until we have successfully charged a valid Payment Method. If your Subscription Account is cancelled, you will not be able to access any Add-On Plan or Stan Event that you have purchased, or which may have been made available to you as part of a Promotional Offer.

6.12 If we are able to collect the Subscription Fee and/or Add-On Subscription Fee (if relevant) from your Payment Method(s) during a period of suspension under clause 6.11 (including without limitation where you provide us with new or updated details of your Payment Method) we will reinstate your access to the Stan Service and your new monthly subscription period will commence on the date we successfully charge your Payment Method.

7. Usage and Your Account

7.1 The Stan Service, the Software and any Content that you view via the Stan Service are for your personal and non-commercial use only and may not be made available to view in any commercial premises. We grant you a limited, non-exclusive, personal and non-transferable license to:

1. access the Stan Service and view Content through the Stan Service on a streaming or Temporary Download basis (as defined below); and
2. install and use any software and/or applications (including, without limitation the Stan App) provided to you by or on behalf of us in connection with your use of the Stan Service ("Software") in object code form only solely for the purpose of accessing the Stan Service and viewing Content through the Stan Service, subject to the terms and conditions set out in this Agreement.

7.2 You must not download Content except:

1. for a temporary buffer required to overcome variations in stream bandwidth;
2. for the temporary download of Content to a Supported Device subject to our download requirements (Temporary Download). Information in relation to our download requirements can be found via help.stan.com.au.

7.3 Except as expressly authorised under the terms of this Agreement or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Stan Service, Stan Website or the Stan App.

7.4 You must only use the Stan Service (and view any Content on the Stan Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.

7.5 Except for the limited licence granted under clause 7.1 above, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.

7.6 You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures employed by the Stan Service.

7.7 You can view and change your Account details, including information about billing, payment and your registered Supported Devices, by visiting my.stan.com.au.

7.8 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the Stan Service (including your internet and mobile usage when Temporarily Downloading Content). Please contact your internet service provider or mobile telecommunications provider for details of your account access fees, data charges and other costs.

7.9 The quality of the display of Content, and the time it may take to commence or resume watching Content, may vary from time to time and between Supported Devices, based on factors including (but not limited to) your location, internet speed or bandwidth and the type of Supported Device. Not all Content is available in HD or Ultra HD or HDR. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.

7.10 You may stream Content through the Stan Service in Australia only (and where internet or mobile data access to the required standard is available). We will use technology to verify your geographic location and prevent streaming or Temporarily Downloading outside Australia. The number of Supported Devices on which you may simultaneously watch depends on your chosen Subscription Plan and is specified in your “Manage Account” page under the tab “Devices”. You can maintain control over any Supported Device by: changing your password in the Account tab on your “Manage Account” page and then by clicking “Log out of all devices” in the Devices tab on your “Manage Account” page.

7.11 The Content on the Stan Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.

7.12 You must keep your Account details private and you must not share these details, including by maintaining control over the relevant Supported Devices linked to your Account. You are also responsible for maintaining and regularly updating the accuracy of the information you provide to us relating to your Account. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.

7.13 As a web based service, we may undertake maintenance or upgrades to the Stan Website and/or the Stan App from time to time, and there may be unplanned outages to the Stan Website and/or the Stan App. Such maintenance, upgrades or outages may affect your ability to access the Stan Service. We will use our reasonable endeavours to limit such incidents.

7.14 From time to time, you may be required to upgrade the Software to continue using the Stan Service. If you decline an upgrade, you may not be able to use or access the Stan Service.

7.15 You must not remove any proprietary notice of us or any of our licensors from the Content, the Software, the Stan App or the Stan Website.

7.16 The Stan Service and the Software contains software that may track and capture information about your activity (including information about your viewing habits, information about Supported Devices registered to your Account, including unique device numbers, internet protocol addresses, your operating system and other information derived from the hardware configuration of such devices) and will send this information to us. We use this information for purposes including identifying the Supported Devices registered to your Account, to determine eligibility for Promotional Offers, to confirm your right to use the Stan Service and to otherwise enhance and improve the Software and the Stan Service. By installing the Software and using the Stan Service, you consent to the transmission of this information.

7.17 We and our sub-contractors may use industry standard content access technology to protect intellectual property, including copyrighted content. If a Supported Device fails to properly enforce restrictions on content usage, content owners may require the relevant provider of the industry standard technology to revoke the device’s ability to consume protected content. Revocation should not affect unprotected content or content protected by other content access technologies. You may be required to upgrade any relevant industry standard system to access content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

7.18 From time to time, Stan may send you communications to provide marketing, advertising, and other news or offers regarding the Stan Service. If you no longer want to receive certain communications from us via email or other means, simply access the “Account” option in the “Manage Account” section of our website and select “No” to receive emails in the “Personal Information” section. Alternatively, click the “unsubscribe” link in the email. We note that you cannot unsubscribe from transactional or service-related correspondence from us, including communications relating to your account transactions or important updates to the Stan Service.

8. Classification

8.1 We will provide classification information as required by law with each piece of applicable Content available on the Stan Service. You accept full responsibility for reviewing all classification information supplied for each piece of Content for the purpose of informing, and where appropriate safeguarding, other viewers of the Content, including children. You can restrict access to Content based on its classification using the “Profiles” feature in your Account settings, available at my.stan.com.au.

8.2 You are responsible for the security of your Account PIN.

8.3 You are responsible for ensuring that Content classified as MA15+ is only viewed or accessed by persons 15 years and over and Content classified as R18+ is only viewed or accessed by persons 18 years and over.

9. Suspension and Cancellation

9.1 You may cancel your Subscription Plan and/or Add-On Plan (if relevant) at any time by visiting my.stan.com.au and clicking “Cancel my subscription”. As you require a Subscription Plan to also be entitled to any Add-On Plan, if you cancel your Subscription Plan, this will also result in a cancellation of any Add-On Plan in accordance with the terms of this clause 9.

9.2 If your Subscription Plan commenced with a free trial and you cancel your Subscription Plan during the free trial period, cancellation is effective immediately and your Subscription Plan will be closed and your access to the Stan Service will be disconnected from the date you cancel.

9.3 If your Subscription Plan did not commence with a free trial or you cancel your Subscription Plan at any time after the end of your free trial, cancellation is effective at the end of the current monthly subscription period and your Subscription Plan will be closed and your access to the Stan Service will be disconnected from this date.

9.4 If your Add-On Plan commenced with a free trial and you cancel your Add-On Plan during the free trial period, cancellation of your Add-On Plan is effective immediately and your Add-On Plan will be closed from the date you cancel.

9.5 If your Add-On Plan did not commence with a free trial or you cancel your Add-On Plan at any time after the end of your free trial, cancellation is effective at the end of the current monthly subscription period and your Add-On Plan will be closed from this date.

9.6 If your Subscription Plan and Add-On Plan commenced with a free trial and you cancel your Subscription Plan during the free trial period, cancellation is effective immediately and both your Subscription Plan and Add-On Plan will be closed and your access to the Stan Service will be disconnected from the date you cancel.

9.7 If your Subscription Plan and Add-On Plan commenced with a free trial but such free trials occur at different times and you cancel your:

1. Subscription Plan, both your Subscription Plan and Add-On Plan will be cancelled effective immediately and your Subscription Plan and Add-On Plan will be closed and your access to the Stan Service will be disconnected from the date you cancel your Subscription Plan.
2. Add-On Plan, your Add-On Plan will be cancelled effective immediately and your Add-On Plan will be closed from the date you cancel your Add-On Plan, however, your Subscription Plan will continue and you will still have access to the Stan Service.

9.8 If you cancel your Subscription Plan or Add-On Plan after you have paid any Pro-Rata Charge you will still be able to access your Subscription Plan and Add-On Plan (as relevant) until the end of the current billing cycle.

9.9 Unless you cancel your Subscription Plan (and, where relevant, any Add-On Plan) before your billing date as outlined in this clause above, you authorise us to charge the relevant subscription fee for the next billing cycle to your Payment Method. To the extent permitted by the applicable law and subject to clause 9.9 below, you will not receive a refund of any fees or other amounts already paid to us when you cancel.

9.10 If you wish to cancel as a result of us changing this Agreement in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that change. Your cancellation will be effective as of the date of the change to this Agreement, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.

9.11 If you cancel your Account, you may reactivate your Account at any time by visiting stan.com.au.

9.12 If you signed up for Stan using your Account with a third party (e.g. iTunes) as a Payment Method and wish to cancel your Account, you may need to do so through such third party, for example, by visiting your Account with the applicable third party and turning off auto-renew, or unsubscribing from the base Stan Service through that third party. You may also find billing information about your Subscription Plan by visiting your Account with the applicable third party.

9.13 We may cancel this Agreement or your Account at any time. Except as set out in clause 9.14 below, if we cancel this Agreement or your Account, you will be able to access the Stan Service for the remainder of the current monthly subscription period unless we cancel this Agreement or your Account during the free trial period (if any), in which case, we will cancel your Account and your access to the Stan Service immediately.

9.14 We may immediately suspend, restrict or cancel your Account or access to the Stan Service:

1. where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;
2. if you use the Content or the Stan Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors (including, without limitation, with respect to clauses 7 and 10 of this Agreement);
3. if you breach any term of this Agreement;
4. if we suspect the occurrence of any identity theft or other fraudulent activity; or
5. if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.

10. Stan Event (Pay-Per-View)

10.1 Stan and other third parties may also offer you access to pay-per-view events as an add on to your base Subscription Plan (each, a Stan Event). To purchase the Stan Event, you will be required to pay a one-off fee via a valid, current and accepted method of payment (Stan Event Fee). Unless specified otherwise, you will be charged via the payment method registered to your Stan Service Account. The Stan Event Fee will be charged immediately upon completion of your sign up to the Stan Event.

10.2 Eligibility and Registration: To purchase, access and view a Stan Event, you must have an active Subscription Plan (which may include access during a free trial period) at the time that you purchase the Stan Event and at the time that you access and view the Stan Event.

10.3 Viewing Period: You will be able to view the Stan Event on a live basis and on a replayed basis for at least 24 hours after the completion of the live event (Viewing Period). It is your responsibility to view the Stan Event within the Viewing Period. After the Viewing Period, Stan may in its discretion make replays of the Stan Event available on the Stan Service.

10.4 Concurrent Screens: You will only be able to access and view the Stan Event on one screen, irrespective of the number of concurrent screens that you are entitled to under your Subscription Plan.

10.5 Suspension and Cancellation: Once you purchase a Stan Event, it is non-refundable unless otherwise specified in this clause 10.5.

1. You can cancel your purchase of a Stan Event for any reason up to 4 hours before the advertised start time of the live event coverage by going to the ‘Events’ tab under ‘Manage Account’ at my.stan.com.au and clicking ‘Remove’. In these circumstances, you will automatically be refunded the Stan Event Fee, which will be paid via the Payment Method you used to pay the Stan Event Fee, with such refund to be made within 10 business days (Refund Process).
2. If you cancel your Subscription Plan in accordance with clause 9 of these terms, and your access to the Stan Service is disconnected before the start of the Stan Event, your purchase of the Stan Event will be cancelled, and you will not be able to view the Stan Event. In these circumstances, we will automatically refund you the Stan Event Fee in line with the Refund Process.
3. If we suspend or cancel your Subscription Plan in accordance with clause 9 of these terms, your purchase of the Stan Event will be cancelled, and you will not be able to view the Stan Event. In these circumstances, we will automatically refund you the Stan Event Fee in line with the Refund Process.
4. It is your responsibility to ensure that you have a valid and active Subscription Plan at the time that the Stan Event occurs.

10.6 Rescheduling of Event: The details of any Stan Event are correct at the time of Stan promoting the sale of the Stan Event. Stan Event details are subject to change (including the details of the fight card) and a Stan Event may be rescheduled to another time or date. You can cancel your purchase of a Stan Event up to 4 hours before the advertised rescheduled event start time in accordance with clause 10.5(a) above.

10.7 Cancellation of Event: Stan Events may be cancelled for any reason including for reasons beyond Stan’s reasonable control. In these circumstances, Stan will refund you the Stan Event Fee in line with the Refund Process.

10.8 No Warranty: The nature of combat sports means that Stan is unable to make any representation, warranty or guarantee as to the quality of an individual bout or the length of an individual bout.

11. Intellectual Property

11.1 All Content on or available through the Stan Service (including the Content, and all other works, subject matter and other material comprising or available on the Stan Website and the Stan Apps) and the Software is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of the Stan Service and Software is subject to, all relevant intellectual property laws.

11.2 We take the infringement of copyright and other intellectual property rights very seriously. We reserve the right to take all steps necessary to prevent the unauthorised copying, distribution, reproduction, transmission, communication or exploitation of the Content or the Software.

11.3 Stan is a registered trademark of Stan Entertainment Pty Ltd. Stan’s graphics and logos are trademarks of Stan Entertainment Pty Ltd. Stan’s trademarks may not be used in conjunction with any product or service other than the Stan Service. All other trademarks that appear on the Stan Website and/or the Stan Apps that are not owned by Stan Entertainment Pty Ltd are the property of their respective owners.

11.4 We may permit you to post or upload content, information or other material to your Account or in connection with the Stan Service. You may not post or upload anything which is illegal, obscene, threatening, defamatory, which infringes any person’s rights (including without limitation intellectual property rights) or is otherwise objectionable to us. By posting any such material, you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, display, sublicense, modify, adapt and communicate that material to the public.

12. Liability

12.1 To the maximum extent permitted by law (but subject to clause 12.2):

1. the Stan Service and all Content and Software and any other features or functions associated with the Stan Service, are provided “as is” and “as available” with all faults and without warranty or condition;
2. we do not make any promises or assurances to you about the Stan Service, the Content or the Software, including without limitation that your use of the Stan Service or the Software will be uninterrupted or error-free;
3. we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other Content available on or via the Stan Service, the Stan Website or the Stan App and we do not accept any liability in relation to your reliance on such information, advice or other Content;
4. all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Stan Service or otherwise in connection with this Agreement are expressly excluded;
5. we will not be liable for any loss or damage (including special, indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Stan Service (including the Stan Website and the Stan App).

12.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. The Stan Service comes with statutory guarantees under consumer protection laws that cannot be excluded.

12.3 You are responsible for all acts and omissions of any person who uses your Stan Service.

12.4 You indemnify us and our shareholders, directors, officers, employees, suppliers, content partners and licensors (each an "indemnified party") from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with:

1. our supply, suspension, restriction or cancellation of the Stan Service or your Account; or
2. your use of the Stan Service, including in connection with any content, information or other material posted on the Stan Website or App from your Account, or any other information you provide to us, unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default, negligence or breach of this Agreement.

13. Privacy

13.1 We collect, store, use and disclose personal information in accordance with our Privacy Policy. By creating an Account, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy.

14. General

14.1 Assignment: We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement. You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.

14.2 Customer Support: To find more information about the Stan Service and its features or if you need assistance with your Account, please visit the Stan Support on our website (https://help.stan.com.au/hc/en-us and/or https://help.stan.com.au/hc/en-us/requests/new). In the event of any conflict between this Agreement and information provided by Customer Support or other portions of our website, this Agreement will control.

14.3 Governing Law: This Agreement is governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

14.4 Severability: If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

14.5 Survival: The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

14.6 Electronic Communications: Stan may send you information relating to your Account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

14.7 Unsolicited Materials: Stan does not accept unsolicited materials or ideas for Stan Content (including any Stan Originals) and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Stan.

14.8 No Advice: You acknowledge and agree that the Content you receive through the Stan Service is intended for informational and entertainment purposes only. The Content does not constitute financial, legal, medical, professional or healthcare advice or diagnosis and cannot be used for such purposes.

14.9 Content: The Content on the Stan Service varies widely and Content may contain information that you find degrading, offensive, indecent, explicit or objectionable. Stan takes no responsibility for and does not endorse any third party content, advertisements or any third party material. We also do not guarantee that you will agree with the Content on the Stan Service. You acknowledge and agree that it is your responsibility for making your own choices as to what Content you deem appropriate for you and your family and you acknowledge and accept the above risks.

14.10 Photosensitivities: Stan notes that much of the Content on the Stan Service contains flashing lights (including in sequences or patterns) which may affect users who are susceptible to photosensitive epilepsy or other such photosensitivities. In addition, HD and 4K Ultra HD content enables greater brightness and colour saturation which may affect such users.

14.11 Class Action Waiver: Where permitted under the applicable law and excluding for any matter litigated in a small claims forum, you and Stan agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and Stan agree otherwise, the court may not consolidate more than one person’s claims with your claims nor combine any arbitration with another, and may not otherwise preside over any form of a representative or class proceeding.

Last Updated 24 February 2022