FetchTV Pty Ltd (ABN 36 130 669 500)
You, the user of this website
You should carefully read and agree to this Agreement each time you use the FetchTV Website. Whilst FetchTV hopes not to have to alter this Agreement, it is likely that changes will be required from time to time. FetchTV reserves the right to change, modify, add or remove sections of this Agreement and to add, change or discontinue the products, services, programs and information contained in, or any other aspect of, the FetchTV Website at any time and without liability. By using the FetchTV Website, You agree that the then current version of this Agreement applies to Your use of the FetchTV Website.
1.1 FetchTV will make the FetchTV Website available to You on the terms and conditions set out in this Agreement.
1.2 You must use the FetchTV Website only in accordance with this Agreement.
2.1 The FetchTV television service is supplied to end users by certain internet service providers in Australia.
2.2 The FetchTV Website contains links to third party websites (Linked Sites), including without limitation websites of internet service providers who sell the FetchTV television service.
2.3 Links to Linked Sites are provided as a convenience only. The appearance of a link to a Linked Site does not imply FetchTV's endorsement of that Linked Site or any content contained in that site ("Third Party Content"). FetchTV has no control over and is not responsible for any Linked Site or any Third Party Content.
2.4 You access Linked Sites at your own risk and, to the full extent permitted by law, FetchTV disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such Linked Sites and in Third Party Content.
3.1 The FetchTV Website and all FetchTV Content (as defined in Clause 9) (and all intellectual property rights that subsist in the FetchTV Website and FetchTV Content, including without limitation copyright, trade marks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by FetchTV or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.
3.2 You may download and view FetchTV Content material on the FetchTV Website for Your own personal domestic use only, provided You do not:
(a) modify the content (including, without limitation, any copyright notice) in any way;
(b) make the content public; or
(c) use the content in a manner or for a purpose prohibited by this Agreement.
3.3 The FetchTV Content is provided to you for informational purposes and for purposes related to your use of the FetchTV television service. You must not use the FetchTV Content for any purpose other than these listed purposes.
3.4 You must not do anything which breaches or otherwise interferes with FetchTV's intellectual property rights or the intellectual property rights of any of FetchTV's third party licensors. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on the FetchTV Website.
3.5 You must not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of the FetchTV Website or FetchTV Content in any way.
3.6 You use of Third Party Content (including, without limitation, third party websites linked to the FetchTV Website) may be subject to a third party's terms and conditions of use. It is your responsibility to check and comply with such terms. Nothing in this Agreement (or otherwise on the FetchTV Website) constitutes a licence or right for You to use such Third Party Content.
3.7 All rights not expressly granted are reserved by FetchTV.
4.1 FetchTV reserves the right to modify, discontinue or disable the FetchTV Website or any part of the FetchTV Website (on a permanent or temporary basis) at any time.
4.2 You must not use the FetchTV Website for any unlawful purpose.
4.3 You must not violate or attempt to violate the security of the FetchTV Website.
4.4 If you breach the terms of this Agreement, FetchTV may (at its option, and without limiting the remedies available to FetchTV in any way) terminate its agreement with your or bar you from accessing the FetchTV Website on a temporary or permanent basis.
4.5 If your access to the FetchTV Website is barred or your agreement with FetchTV is terminated in the manner described in clause 4.4, you must not access or use the FetchTV Website during the period during which your access is barred.
6.1 You represent and warrant to FetchTV that:
(a) You are at least 18 years of age and have the legal capacity to enter into this Agreement; and
(b) in using the FetchTV Website, you will act in accordance with all applicable laws and regulations and in accordance with this Agreement.
7.1 To the full extent permitted by law and subject to clause 7.7, FetchTV excludes all representations, warranties, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
7.2 To the full extent permitted by law and subject to clause 7.7, the FetchTV Website and all FetchTV Content is provided to You "as is" and on an "as available" basis, without any representation or endorsement made and without warranty of any kind (whether express or implied).
7.3 You acknowledge and agree that Your use of the FetchTV Website (including, without limitation, all FetchTV Content, Linked Sites and Third Party Content) is at Your sole risk.
7.4 To the full extent permitted by law and subject to clause 7.7, neither FetchTV nor any party involved in creating, producing or delivery the FetchTV Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the FetchTV Website or any responsibility for any errors or omissions in the content on the FetchTV Website, whether or not FetchTV is aware of such errors or omissions.
7.5 To the full extent permitted by law and subject to clause 7.7, FetchTV excludes all liability to You for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the FetchTV Website or otherwise in connection with Your use of, or reliance on, the FetchTV Website (or any FetchTV Content, Linked Site or Third Party Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise)).
7.6 Further and without limiting the foregoing in any way, to the full extent permitted by law and subject to clause 7.7, FetchTV does not guarantee that the functions contained on the FetchTV Website will be uninterrupted or error free and does not warrant that the FetchTV Website or its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected (even if FetchTV is aware of them).
7.7 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent that FetchTV is entitled to do so, FetchTV limits its liability in respect of any claim under those provisions to:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
7.8 You hereby indemnify and hold harmless FetchTV and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:
(a) Your breach of this Agreement, including (without limitation) a warranty in clause 6;
(b) any and all unauthorised uses You may make of any materials on the FetchTV Website, including without limitation any misuse of FetchTV Content; and
(c) any act of fraud or wilful misconduct by or on behalf of You.
7.9 You acknowledge and agree that unauthorised use of the FetchTV Content by you could cause FetchTV (or its third party suppliers or licensors) irreparable harm and that, in the event of unauthorised use, FetchTV is entitled to seek an injunction to prevent such use, in addition to any other remedies available at law or in equity.
8.1 We may provide You with notices in connection with this Agreement by posting such notices on the FetchTV Website or, where appropriate, by email or mail if you have provided contact details for that purpose.
8.2 FetchTV may assign this Agreement provided that the relevant assignee undertakes to perform all of FetchTV's obligations herein.
8.3 The indemnities in this Agreement are:
(a) continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
(b) absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.
8.4 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 and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
9.1 In this Agreement, these capitalised terms have the following meanings:
FetchTV means FetchTV Pty Ltd (ABN 36 130 669 500) of Level 5, Lavender Street, Milsons Point, NSW 2061 and its Related Body Corporate, FetchTV Content Pty Ltd (ACN 139 732 684).
FetchTV Content means all content contained on the FetchTV Website (including without limitation all text, graphics, icons, advertisements, photographs, databases, trade marks and other information contained on the FetchTV Website (other than Third Party Content)).
Third Party Content means links to Linked Sites contained on the FetchTV Website and all text, graphics, icons, advertisements, photographs, databases, trade marks and other information contained on such Linked Sites.
You means you, the user of the FetchTV Website.