SETANTA SPORTS FOXTEL CHANNEL AND SETANTA-I: SUBSCRIPTION TERMS AND CONDITIONS
1. Registration Fee
In consideration for Setanta initially making its Foxtel channel and its Setanta-i broadband streaming service (the "Services") available to you, you agree to pay Setanta the one-time registration fee notified to you at the time that you subscribe. The registration fee is additional to your applicable subscription fees described below. Setanta may waive the registration fee in its discretion for certain promotions or types of subscriptions. If your subscription is cancelled at any time, you must pay a further registration fee if you subsequently wish to re-subscribe to the Services.
2. Authority to Debit
You authorise Setanta to automatically deduct the registration fee, and subscription fees as set out below, from your nominated credit card. Unless required by law, all registration and subscription fees are non-refundable.
3. Month-to-Month Subscription
If you are on a month-to-month subscription, you agree to pay Setanta the then-current month-to-month subscription fee. The fee is payable monthly in advance. Setanta will debit your credit card on the date of your initial subscription and thereafter on the same date each month ("Monthly Debit Date")(or where this is not possible, on the last business day of the relevant month) until your subscription is cancelled in accordance with clause 7.
4. Annual Subscription Paid Monthly
If you are on an annual subscription that is paid monthly, then you agree to subscribe to the Services for a minimum period of at least 12 months. You agree to pay Setanta the then-current monthly subscription fee for annual subscriptions monthly in advance. Setanta will debit your nominated credit card on the date of your initial subscription and then on each Monthly Debit Date until your subscription is cancelled in accordance with clause 7. At the end of the initial 12-month period your subscription will roll-over to a month-to-month subscription at Setanta’s then-current monthly rate for post-contract customers. Without limiting Setanta’s rights, if you fail to pay the subscription fee for any month by the date it is due, Setanta may terminate your subscription and require immediate payment from you of the subscription fees which would otherwise have been payable for the balance of the 12-month period.
5. Annual Subscription Paid in Full in Advance
If you are on an annual subscription that is paid in full in advance, then you agree to subscribe to the Services for a minimum period of at least 12 months. Setanta will debit your nominated credit card for the applicable annual subscription fee on the date of your initial subscription. At the end of the initial 12-month period your subscription will roll-over to a month-to-month subscription at Setanta’s then-current monthly rate for post-contract customers.
6. Rate Changes
Setanta has the right to increase any or all prices on not less than 30 days notice.
7. Cancellation
(a) You may not cancel your subscription within the first 30 days.
(b) If you are on a month-to-month subscription, you may at any time after the first 30 days give Setanta notice that you wish to cancel your subscription. Notice of cancellation must be given via telephone. Cancellation will take effect 30 days after the date on which you give Setanta notice. This means that if your next Monthly Debit Date after giving notice of cancellation falls within the 30-day period, your credit card will still be debited on the next Monthly Debit Date, and your access to the Services will cease one month after that final Monthly Debit Date. You are not entitled to receive any refund for the month or any part thereof so billed, or for any month billed prior to your giving notice of cancellation.
(c) If you are on any annual subscription and you cancel your subscription during the 12-month period in question, you will be obliged to immediately pay Setanta in full the balance of the fees which would otherwise have been payable up to the end of the 12-month period. Setanta may immediately debit your nominated credit card for the full amount of such fees. Without limiting the foregoing, if you do not wish your annual subscription to roll-over to a month-to-month subscription (at Setanta’s then-current monthly rate for post-contract customers) at the end of the 12-month period, you must give Setanta notice of this by telephone at least 30 days prior to the end of the 12-month period. Cancellation of your Foxtel Service for any reason does not entitle you to cancel your annual subscription with Setanta.
(d) Setanta may cancel your subscription at will at any time by giving you not less than 30 days' notice. If your credit card is not accepted or you otherwise default on payment, Setanta may cancel your subscription immediately without notice.
8. Disclaimer regarding Foxtel
Setanta is an independent company with no affiliation to Foxtel and is not part of the Foxtel Group of companies. You acknowledge that the supply of the Channel is dependent on you maintaining your Foxtel subscription and on the continued availability of the Foxtel platform. Setanta will have no liability to you of any kind for interruptions, outages or unavailability of the channel for reasons beyond Setanta's control, including because of any acts or omissions of Foxtel, or any changes made to your Foxtel Service, whether made at your request or otherwise. If your Foxtel Service is cancelled, whether at your request or otherwise, you must cancel your subscription with Setanta independently, if permitted to under these terms. Setanta does not receive notice from Foxtel of the cancellation of your Foxtel Service. If you fail to cancel your subscription with Setanta in those circumstances, Setanta has the right to continue charging you subscription fees until you notify Setanta of the cancellation of your Foxtel Service.
9. Foxtel Multibox
If you have more than one Foxtel box on the same Foxtel subscription in your home, you must pay an additional fee to Setanta for each additional box that you wish to include in your Setanta subscription. Setanta may at any time require you to show evidence that the additional boxes are linked to the same Foxtel subscription. If Setanta does not consider, in its absolute discretion, that you have provided sufficient evidence, it may decline to offer a multibox subscription, or cancel an existing multibox subscription.
10. Setanta-i
The Setanta-i component of the Services ("Setanta-i") will only be made available to you during such period as you remain subscribed to the Channel via your Foxtel Service. Without limiting any of the foregoing terms and conditions, if your subscription to the Channel ceases for any reason, your subscription to Setanta-i will also cease. If you choose not to activate or use Setanta-i, or you subsequently choose to cancel or deactivate your Setanta-i account, you will not be entitled to any refund or reduction on your subscription fees. Use of Setanta-i is subject to separate terms and conditions which you will be required to agree to at the time you activate your Setanta-i login, although this agreement will take precedence over the Setanta-i terms and conditions to the extent of any inconsistency. Use of Setanta-i is also subject to your having the minimum hardware and technical requirements in order to support delivery of the Setanta-i service.
11. Programming and Miscellaneous
Setanta reserves the right to change programming of the Services at any time without notice. You are authorised to receive the Services only for private viewing at the residential address specified by you and not for any commercial purpose or re-supply. This agreement is personal to you and you cannot assign or transfer this agreement without Setanta's prior written consent. You warrant that all information provided by you to Setanta at any time is true and correct.
12. Access by Foxtel
You agree, and will cause any owners or occupiers of the Subscriber Premises, to allow FOXTEL or other entities in the FOXTEL Group access to the Subscriber Premises to do all things and acts in relation to the installation, maintenance, use or removal by FOXTEL or other entities in the FOXTEL Group of any equipment in connection with the supply or cessation of supply of the FOXTEL Service.
13. Use of Personal Information
You consent to the use and disclosure by Setanta and FOXTEL and other entities in the FOXTEL Group of such personal information as may be necessary for Setanta and FOXTEL to perform their several obligations to you, and their obligations to each other. Subject to the foregoing, all personal information provided by you to Setanta will be dealt with as set out in Setanta's privacy policy which is available to be viewed at www.setanta.com.au and by accepting this agreement you also accept the terms of that privacy policy.
14. Content not provided by Foxtel
You acknowledge that, although the Channel is supplied via equipment owned by, or leased to FOXTEL or other entities in the FOXTEL Group, the Channel and any Channel content are not supplied by FOXTEL or other entities in the FOXTEL Group and that FOXTEL, other entities in the FOXTEL Group and their People will not be liable for any loss or damage suffered by you resulting from Setanta's services or the Channel.
15. Non-interference with Foxtel Equipment
You must not damage, abuse, remove, repair, maintain, interfere with, or make connections to or disconnections from any FOXTEL equipment or related wiring, equipment location, set up parameters or channel number frequency parameters.
16. Indemnity
You indemnify Setanta and the members of the FOXTEL Group jointly and severally and hold them harmless in respect of any claim, action, loss (including Consequential Loss), liability, damage, cost or expense (including legal fees on a full indemnity basis) incurred or suffered by Setanta or any member of the FOXTEL Group arising out of or in connection with your breach of your agreement with Setanta, or any act or omission by you in connection with the Channel, the Services or the FOXTEL Services.
17. Repair or Replacement of Equipment
If any FOXTEL equipment becomes defective at any time by reason of mistreatment, improper use or breach of the agreement between you and Setanta, FOXTEL or other entities in the FOXTEL Group may arrange to repair or replace such defective equipment.
18. Disclaimer
In no circumstances will any of Setanta, FOXTEL, or other entities in the FOXTEL Group and their People be liable (in contract, tort or otherwise) for any loss (including Consequential Loss) or damage suffered or incurred by you resulting directly or indirectly from strikes or labour disputes, a shortage of suitable parts or components, your operation and use of any FOXTEL equipment, any damage caused to your equipment arising from the mis-use of any FOXTEL equipment, any burn-in suffered to your television monitor, any failure to operate your equipment in accordance with the owner's manuals, any damage caused directly or indirectly by weather or any other "acts of God" or any other cause beyond the reasonable control of Setanta, FOXTEL or other entities in the FOXTEL Group and for the purpose of this clause only, FOXTEL and other entities in the FOXTEL Group will be deemed to be a party to this agreement with Setanta entering into the agreement as an agent of FOXTEL and other entities in the FOXTEL Group. Without limiting the foregoing, none of Setanta, FOXTEL, or other entities in the FOXTEL Group and their People will be liable for any Consequential Loss, expenses, loss or damage of whatsoever nature, caused by or resulting from breach of this agreement.
19. Limitation of Liability
Except for such conditions or warranties as are required by law to be implied into this agreement, all warranties, conditions and representations are excluded from this agreement to the maximum extent permitted by law. To the maximum extent permitted by law, the liability of Setanta, FOXTEL and other entities in the FOXTEL Group in connection with provision of the Services, the Channel, the FOXTEL Service and your use of any FOXTEL equipment (including liability for negligence) is limited at the option of Setanta, or FOXTEL as the case may be, to:
(a) in the case of goods supplied, the replacement or repair cost of the goods (whichever is the lesser); and
(b) in the case of services, the cost of supplying the services again.
20. Variation of Terms
Setanta may vary the terms of this agreement in its discretion. If Setanta does vary this agreement, it will give you notice of the variations to your nominated email or postal address. Setanta accepts no responsibility for customers who fail to receive such notice as a result of not providing Setanta with valid current contact details.
21. Law and Jurisdiction
This agreement is made in the State of New South Wales. It shall be construed in accordance with and shall be governed by the laws for the time being in force in the State of New South Wales. You irrevocably submit to and accept the non-exclusive jurisdiction of any of the courts of the State of New South Wales in relation to any claim brought by you relating to this agreement.
22. Definitions
In these terms, "Channel" means the sports television channel supplied to you by Setanta; "Consequential Loss" means any form of consequential loss including loss of profits, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating costs suffered by or incurred by any person, whether arising in contract or tort (including negligence) or under any statute, arising out of or in connection with this agreement; "FOXTEL" means FOXTEL Management Pty Limited (ACN 068 671 938) for and on behalf of the FOXTEL Partnership (which is the partnership established between Telstra and Sky); "FOXTEL Group" means FOXTEL, Sky, Telstra , FOXTEL Cable Television Pty Limited (ACN 069 008 797), Customer Services Pty Limited (ACN 069 272 117), any other entity from time-to-time related to any of the foregoing entities, and any company otherwise from time-to-time comprising a company in the group of companies known as the Foxtel Group; "FOXTEL Service" means the subscription television services provided to you by FOXTEL and any related services; "People" means directors, officers, employees, agents, contractors, advisers and representatives of a party; "Services" means the Channel and the Setanta-i broadband streaming service; "Setanta" means Setanta Sport Australia Pty Limited (ACN 086 130 805); "Subscriber Premises" means the residential premises at which FOXTEL provides the FOXTEL Service to you. "Telstra" means Telstra Media Pty Limited (ACN 069 279 072); "Sky" means Sky Cable Pty Limited (ACN 069 799 640); and any other words and phrases with capital letters have the respective meanings given in the body of this agreement, unless contrary to context.