These are the terms and conditions (the "Terms and Conditions") for using the Setanta Sports Plus service, hereafter referred to as the "Service". This Service is provided to you, the user ("you", "your") on the basis that you accept the terms of this contract. It is a legal agreement and it sets out the rights and obligations of you and Setanta Sport Australia Pty Ltd ("we", "us", "our"). By using the Service you are agreeing to be bound by these Terms and Conditions.
1. Use of the Service
As part of this Service we may make available to you certain video and audio footage, photographs, text images, statistics, logos and other content and intellectual property of Setanta Sport Australia Pty Ltd, its related companies or licensors. All programming and content is in our absolute discretion and we reserve the right to change advertised programming or features. All design, text, graphics, footage, copyright subject matter, brands, logos, trade marks and other intellectual property, and the selection or arrangement thereof, are the property of us or our respective licensors. We reserve the right to refuse to accept your registration. You warrant that the information which you provide when you register is true, accurate and complete in all respects. In order to use this Service or access the content, you must:
(a) obtain access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary to make and maintain such connection to the World Wide Web, including a computer and modem or other necessary access device; (c) have the required software installed on your computer or other access device (“Software”). Your use of the Software is subject to the terms of the licence granted to you by the relevant licensor. We are not providing and are not responsible for the Software, or for any problems caused by the Software, computer hardware or computer operations systems. It is your responsibility to ensure that your computer system has sufficient capability to receive the Service. By agreeing to these Terms and Conditions, you acknowledge that we have provided you with the opportunity to access a free demo page to test the capability of your equipment to access content satisfactorily. We will have no liability to you where access to the Service is slow, interrupted or otherwise unsuitable for receiving or viewing content as a result of your computer system. Your right to access the Service is personal to you. You are wholly responsible for your access to the Service by any person using your terminal or point of presence and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions. You agree to access the Service in a manner consistent with any and all applicable laws and regulations. You must not (nor authorise or permit any other party to):
(a) abuse your access to the Service or use it for any unlawful purpose; (b) access the Service in a way that may cause the software, applications and other equipment used by us to provide this Service (the "System") to be interrupted, damaged, rendered less efficient or impaired; (c) access or record the Service or any content in any manner which violates or infringes the rights of any person, firm or company (including without limitation rights of intellectual property, confidentiality or privacy); (d) reproduce (other than for your own private viewing in accordance with this agreement and applicable law), modify, distribute or publish the whole or any part of the content of this Service without our prior written permission; (e) sell, assign, transfer or delegate to another person or entity all or any of your rights and obligations in the Service or any part of it; (f) broadcast, publish, communicate to the public or otherwise distribute or disseminate the Service, or any content from the Service, to the public or for any commercial purpose.
2. Disclaimer of warranties
We are providing the Service and System on an "as is" basis and make no representations or warranties of any kind with respect to either the Service or System or their content including (without limitation) warranties as to completeness, accuracy, satisfactory quality and fitness for any particular purpose, except to the extent required by law. We do not warrant that the Service will meet your particular expectations or requirements or that it will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to results or the accuracy of any information obtained by you through the Service, except to the extent required by law. These conditions will not be read or applied so as to purport to exclude, restrict or modify all or any of the provisions of Part 5 of the Trade Practices Act 1974 (CTH), Part 4 of the Fair Trading Act 1987(NSW), or any other law which cannot be excluded, restricted or modified.
3. Limitation of liability
If we incur a liability to you as a result of any term, condition or warranty implied by any law, or in the event of a breach of these Terms and Conditions by us, our liability is limited to one of the following as nominated by us in our discretion: (a) the resupply of any relevant service comprised in the Service; or (b) the payment of the cost of having the relevant service supplied again.
4. Suspension and Termination
We may suspend or terminate the Service or your access to the Service at any time in our absolute discretion and without liability to you if: (a) your access to the Service is considered to be in breach of these Terms and Conditions or (b) a court or competent regulatory authority requires our provision of the Service to be terminated.
5. Maintenance
From time to time, your access to the Service may be suspended in order for work to be carried out relating to the upgrading or maintenance of the System or otherwise as necessary for the provision of the Service. We shall give as much notice as is reasonable in the circumstances and shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.
6. Licence to download material
We grant you a non-exclusive, non-assignable, and non-transferable licence to use, view and display, for personal use only, one copy of any material that you may be required to download in order to access the Service, including, but not limited to, any files, codes, audio, or visual images incorporated in or generated by the software (collectively "Downloaded Material") provided, however, that you maintain all intellectual property-related and other notices contained in such Downloaded Material. You acknowledge and agree not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. You also agree not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material.
7. Indemnity
You agree to fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, suffered by us at any time arising out of any breach of these Terms and Conditions by you (or any other user in your household or anyone else who may access the Service through your terminal using your password) or any other liabilities arising out of your or their use of or access to the Service and/or the System. You shall provide us with notice of any such claims which you receive directly, and, if requested by us, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
8. Tax
You will have responsibility for payment of any and all taxes, charges, duties, excises, imposts or similar fees levied or imposed in connection with the Service, including any such amounts levied or imposed on us and we are entitled to pass on to you or recover any such amounts. Without limiting the foregoing, if we incur a GST liability in respect of the supply of services under this contract, the price otherwise payable by you for that supply will be increased by an amount equal to the amount of the GST payable. Unless expressly stated to the contrary, all prices given by us in connection with the Service are GST-inclusive.
9. General
Any notices we send will be sent to the email address you supply during the registration process. Other than cancellation requests, any notices or enquiries you send us should be sent by email to [email protected]. Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email. If we fail to exercise or enforce any right we have under these Terms and Conditions such failure will not be deemed to be a waiver of that right nor will it prevent us exercising or enforcing that right on a later occasion. No refunds will be made in connection with any postponement or cancellation of events, or change in programming, for whatever reason. We shall take all reasonable steps to ensure a high quality video feed. However, we cannot control Internet network congestion that may occur and affect the quality of the delivered video. We are not responsible for any suspension of service that may occur in the live video feed that is received from other broadcasters. For this Service we will accept registrations only from residents of certain geographical areas. This will be indicated clearly at the time of signing up. You warrant that all information provided by you is true, accurate and current. If we believe you have provided false information, we reserve the right to terminate this contract and your access to the Service. We will not be liable to you for any breach of these Terms and Conditions by us due to any cause beyond our reasonable control. We reserve the right to vary and/or update these Terms and Conditions from time to time by notifying you at your then current email address. Updated Terms and Conditions will be posted on this website and can be viewed by you at any time. We recommend you check back regularly to ensure you are aware of any changes. Changes to the Terms and Conditions will be deemed to have been accepted by you if you continue to access the Service from the date the updated Terms and Conditions are so posted. We may assign or transfer all or any of our rights and/or novate our obligations under these Terms and Conditions to a group company or other third party. In the event of assignment or transfer, notification will be given to you by e-mail. These Terms and Conditions constitute the entire agreement between us and you with respect to this subject-matter and exclude any representations or warranties previously given or made. These Terms and Conditions and your access to and use of Service are subject to the laws of New South Wales and you submit to the exclusive jurisdiction of the courts of New South Wales.
PRIVACY POLICY - SETANTA SPORTS CUSTOMER AND WEBSITE PRIVACY POLICY Setanta Sport Australia Pty Ltd ("we") is a provider of subscription sports television programs. In order for us to effectively provide our services to customers, we collect certain personal information. Such information may include your name, address, telephone number, e-mail address, bank details and credit card details. Why we collect personal information The primary purpose of the collection of personal information is to maintain our database of customers so that we may effectively communicate with you and provide information about our services. We may also use your personal information to provide you with information about our services, programs, events, functions or news updates that may be relevant or of interest to you. We generally ask you when you register if you would like to be contacted for these purposes. If you do not wish to be contacted for these purposes you can let us know at any time by contacting us at the details below. How we collect personal information Personal information may be collected from you in a number of ways, for example:
when you contact us or register to our services by telephone;
when you contact us or register to our services by email or via our website;
when you update an on-line profile that includes personal information such as your name and contact details; and
when we request certain information from users for a specific purpose. Our website may use "cookies" (these are files that are implanted in your hard drive by some websites to store information about your web use patterns) to enhance or personalise our website services. We may in any case collect anonymous information that allows us to review information about the date, time and duration of visits to our website without identifying you. We may also aggregate personal information of our customers for statistical purposes. We do this in order to better inform ourselves of our customers' preferences and requirements, and to enable us to monitor the effectiveness of, and constantly improve, our website and our services.
Disclosure and Use of Information
We may disclose personal information to related entities and to service providers who we may engage to assist us to deliver services such as security and technology services. We may also disclose personal information to third party companies and partners with whom we have a relationship. We may do this for instance to investigate or promote new products, services or offers which we think may be of interest or benefit to you. We may use or disclose personal information as follows:
for the purpose for which it was collected;
where you have consented to such use;
to maintain our relationship with you;
to inform you about new products or services;
to the extent that we are required or authorised to do so by law; or
for any other purpose that we may notify you of or that you have specifically approved prior to such disclosure. You may withdraw your consent to use your personal information at any time. To withdraw this consent please contact us at the details below. Please note that withdrawing your consent may mean that we are unable to provide you with certain services. We may sell, transfer, or otherwise disclose our database of personal information to a successor entity or purchaser in connection with a corporate merger, consolidation, sale of our assets or substantially all our assets, or other corporate change involving our services.
Security
Once in our possession, we take all reasonable precautions to protect the personal information we hold about you from misuse, loss and unauthorised access, modification or disclosure. We use a number of technological mechanisms to provide a secure environment. However, no data transmission over the Internet can be guaranteed to be completely secure. We therefore cannot warrant the security of any information you provide to us over the Internet and you do so at your own risk. We aim to ensure that your personal information is accurate, complete and up to date. To assist us, please contact us if any of the details provided have changed or if you believe that the information we hold is inaccurate. You may request us to provide you with access to the personal information we hold about you at any time. We will respond to your access request as soon as possible, however, prior to disclosing any such information it will be necessary for you to satisfactorily verify your identity. Contact In order to access or amend your personal information or if you have any queries in relation to this policy, please contact us:
By email: [email protected]
This policy may be updated from time to time and we recommend that you review it regularly for changes.
