SETANTA SPORTS FOXTEL CHANNEL AND SETANTA-I: SUBSCRIPTION TERMS AND CONDITIONS
1. Sign-Up and Monthly Subscription Fees
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, non-refundable sign-up fee notified to you at the time that you subscribe. In addition to the sign-up fee, you agree to pay Setanta the non-refundable subscription fee monthly in advance. If your subscription is cancelled at any time, you must pay a further sign-up fee if you subsequently wish to re-subscribe to the Services. You authorise Setanta to automatically deduct the sign-up fee and the subscription fees from your nominated credit card. Setanta will debit your card on the date of your initial subscription and thereafter on the same date each month (or where this is not possible, on the last business day of the relevant month) until your subscription is cancelled.
2. Annual Subscription and Discount
If you agree to subscribe to the Services for at least 12 months (an "Annual Subscription"), Setanta agrees to waive the sign-up fee, and to reduce the monthly subscription fee to its current discounted rate for Annual Subscriptions. 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.
3. Rate Changes
Setanta has the right to increase any or all prices on not less than 30 days notice.
4. Cancellation
If you are on a month-to-month subscription, you may cancel your subscription at any time by giving Setanta notice via telephone however you will not receive any refund for the month or any part thereof already billed. If you are on an Annual Subscription, you may not cancel your subscription at will during the 12-month period in question. Cancellation of your Foxtel Service for any reason does not entitle you to cancel your Annual Subscription with Setanta. 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.
5. 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.
6. 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.
Programming
7. 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.
Access by Foxtel
8. 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.
Use of Personal Information
9. 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.
Content not provided by Foxtel
10. 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.
Non-interference with Foxtel Equipment
11. 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.
Indemnity
12. 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.
Repair or Replacement of Equipment
13. 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.
Disclaimer
14. 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.
Limitation of Liability
15. 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.
Law and Jurisdiction
16. 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.
Definitions
17. 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) and Customer Services Pty Limited (ACN 069 272 117); "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.