TERMS OF USE AND PRIVACY POLICY
PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE SUBSCRIBING TO BARCLAY'S PREMIER LEAGUE ON DEMAND VIA IINET Limited.
By subscribing to BARCLAY'S PREMIER LEAGUE On Demand (Service) as part of the iiNet website (Website), the user ("user" or "you") agree to the following terms of use (.Terms of Use') and privacy policy (.Privacy Policy'). If you do not agree to these Terms of Use or Privacy Policy, you should not subscribe to the Service. iiNet Limited ("iiNet") (being "the Operators" for the purposes of these Terms of Use and Privacy Policy) represent or warrant that the Service or Website is compatible with your personal computer. Further you must ensure before you subscribe to the Service that your internet connection speed is appropriate for streaming audio-visual content.
- OWNERSHIP
This website is authorised by The Football Association Premier League Limited to provide live and on demand delayed audio-visual coverage of the Barclays Premier league ("Premier League") and is owned and operated by iiNet Limited. All of the content of this 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. Other proprietary trade marks and trade names may be featured on the Website or the Service from time to time and remain the property of their respective owners. iiNet are partnering with Premier Media Group Pty Limited ("PMG") and IMG Media Limited ("IMG") to provide content and services relating to this agreement.
- LIMITED LICENCE; RESTRICTIONS
Limited Licence: As an iiNet customer, you are granted a limited licence to stream the materials as part of the Service via this Website to a single personal computer solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases FOXSPORTS.COM.AU must be acknowledged as the source of the material.
Restrictions: Use of the materials provided as part of the Service on any other internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms of Use. Any other use of any of the materials on the Website or provided as part of the Service including reproduction (for any purposes other than those noted above), modification, distribution, forwarding or republication, without the prior written permission of PMG and IMG is strictly prohibited, and is a violation of the proprietary rights of either or both of the Operators. If you download any software from the Website, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are subject to the limited licence set out above. The Operators and/or their respective suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You must not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
- MATCHES PROVIDED AS PART OF THE SERVICE.
Due to the nature of providing coverage of a sporting competition and our arrangements with the Premier League, you agree that as part of the Service, iiNet are able to ensure that any particular match or matches will be scheduled for delayed on demand viewing. You also agree that we may vary the Website or Service, including part of the Website or 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.
- DISCLAIMER
THIS WEBSITE AND ITS CONTENTS AND THE SERVICE ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE OPERATORS EACH DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, NEITHER OPERATOR REPRESENTS OR WARRANTS THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE OR THE SERVICE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE OR THE SERVICE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE AND THE SERVICE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE OR THE SERVICE.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE OPERATOR NOR ANY OF THE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF ANY OR BOTH OF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL THE TOTAL LIABILITY TO YOU OF BOTH OF THE OPERATORS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR THE SERVICE. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
- INDEMNIFICATION
You agree to defend, indemnify and hold harmless both of the Operator and directors, officers, employees, affiliates and agents from and against all liabilities, claims, damages, costs and expenses, including attorneys' fees arising out of: your use of the Website or the Service; any material you stream, post, upload, e-mail or otherwise transmit using the Website or the Service; or your violation, breach or alleged violation or breach of these Terms of Use.
- CHILDREN UNDER 18
If you are under 18, you must ask your parents or a guardian before you: - E-mail the Website, or ask us to e-mail anything to you; or - Send any information to us.
By continuing to use this Website and subscribe to the Service, you are confirming that you have received the consent of your parents or guardian.
- AMENDING THE TERMS OF USE AND PRIVACY POLICY
We may add to, change or remove any part of these Terms of Use and Privacy Policy at any time, without notice. Any changes to these Terms of Use or Privacy Policy or any terms published on the Website or Service apply as soon as they are published. By continuing to use the Website or Service after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms of Use and Privacy Policy each time you use this Website or the Service, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on this Website or the Service, including features and specifications of products and services described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability.
- GOVERNING LAW
Those who choose to access this Website and subscribe to the Service do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These Terms of Use and Privacy Policy are governed by and construed in accordance with the laws of Western Australia, Australia. Any dispute under these Terms of Use and Privacy Policy will be subject to the exclusive jurisdiction of the courts of Western Australia, Australia (subject to appeal) and, by using this Website or subscribing to the Service, you submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
- MISCELLANEOUS
Any waiver of any provision of these Terms of Use and Privacy Policy must be in writing signed on behalf of iiNet to be valid. A waiver of any provision of these Terms of Use and Privacy Policy does not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms of Use and Privacy Policy to be void or unenforceable for any reason then such provision will be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These Terms of Use and Privacy Policy represent the entire understanding and agreement between the parties relating to the subject matter of this Website and the Service and supersede any and all prior statements, understandings or agreements whether oral or written, and must not be modified except in writing, signed by you and on behalf of iiNet.
- HOW DO YOU ACCESS THIS SERVICE
iiNet provide a dedicated console landing page allowing all registered users access to the service on a continual and twenty four hour basis. You are entitled to full and complete access to all areas of the console.
Cookies
In common with many other website operators, we may use standard technology called 'cookies' on the Website. Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies enable us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of the Website and the Service. Our cookies also enable us to enhance your visitor experience by storing information about the products and services that you select between visits so that we can provide you with focused information each time you visit the Website. Most browsers automatically accept cookies, but you can usually change your browser to prevent cookies being stored, however if you do turn cookies off this will limit the service that we are able to provide to you.
Security of information
This Website contains links to other websites. We are only responsible for the privacy practices on this Website. We recommend that you check the privacy and security policies and procedures of each and every other website that you visit.
Changes to this Privacy Policy
We reserve the right to change our security and privacy policies at any time. Accordingly we recommend that you check this page periodically in order to review our current policies.
How to contact us
If you would like any further information or have any comments about our privacy policy or any other aspect of the Website or Service, please contact us at the address below:
iiNet support
13 22 58
support@iinet.net.auiiNet sales
13 19 17
sales@iinet.net.au
