FOX SPORTS StreamCo Pty Limited, a wholly owned subsidiary of FOX SPORTS Australia Pty Limited (FOX SPORTS, we or our), is the operator of the Watch AFL service (the Service).
These Terms are subject to change at the sole discretion of FOX SPORTS on reasonable notice to you. Your use of, and access to, the Service indicates your acceptance of these Terms (and any changes to them). To the fullest extent permitted by law and subject to these Terms, we will not be liable for any loss or disappointment that you may suffer as a result of changes to these Terms.
We may, at any time and without notice, change, delete or add to the Service or the information, products or services described on it for any or no reason.
Accessing the Service
The Service can be purchased from watchafl.com.au. You can access the content within the Service from all countries except Australia. You acknowledge that you cannot access or view the content within the Service in Australia.
Users of the Service are responsible for all costs arising from the use of the Service including, without limitation, all subscription, browsing/data charges and internet costs. Subscription Fees do not include data costs that are dependent on how much and how you download content and your agreement with your provider. Please contact your ISP or carrier network provider about these costs.
You must ensure, before you subscribe to the Service, that your Internet connection speed is appropriate for streaming audio-visual content and that your personal computer, tablet, mobile devices and operating system are compatible and satisfy all other technical requirements as set out at the Help Page of the Service. You must create an account and have an active subscription to access this service with your device (Registered Device).
You can only use this Service on up to two (2) of your Registered Devices at any one time.
When we are not able to provide certain content on the Service, we will blackout the program from the Service and may in some instances provide alternative programming.
Advertisements and promotions shown in the Service are only available to consumers located in Australia unless otherwise stated within the Service.
Subscription packages and fees
Residential or non-commercial subscribers can subscribe to the Service by purchasing one of the following Watch AFL Passes at watchafl.com.au:
Watch AFL Weekly Pass
Watch AFL Monthly Pass
Watch AFL 12-Month Pass
any other Watch AFL Pass for a time period specified by FOX SPORTS from time to time,
(each a Subscription Period).
The price for each Subscription Period will be displayed at the time of purchase including, where applicable, any introductory pricing for a specified period (Subscription Fee). You must pay the Subscription Fee in advance of each Subscription Period.
Weekly, Monthly and 12-Month Passes for the Service will automatically renew, unless you cancel your subscription through your account at least 48 hours prior to your renewal date. This means if you do not cancel by this time we will automatically renew your membership for the relevant Subscription Period and your nominated account will be charged upon confirmation of purchase as set out below:
Watch AFL Weekly Pass: Automatically debited every 7 days.
Watch AFL Monthly Pass: Automatically debited every month.
Watch AFL 12-Month Pass: Automatically debited every 365 calendar days.
Unless otherwise stated, renewal terms are for the specific period assigned to your selected subscription and at the relevant Subscription Fee (which FOX SPORTS may change in its sole discretion subject to providing reasonable written notice to the subscriber).
If you subscribe to the Service and you wish to cancel your auto-renewal or change your subscription, you can do so from your computer, tablet or mobile device in the ‘My Profile’ section of watchafl.com.au. Cancellation of your auto-renewal will only be effective at the end of the current Subscription Period you have selected and you will continue to have access to the Service until the end of the relevant period. No pro-rata refunds will be provided to customers that cancel during an active Subscription Period. If you have not cancelled your subscription 48 hours prior to your renewal date, we will (and you authorise us to) charge your subscription fee to the credit card/bank account you provided upon initial sign up.
If you want to upgrade your Subscription Period (for example, from a Monthly Pass to a 12-Month Pass), you will need to cancel your existing subscription and wait until your active Subscription Period ends before being able to make that change.
FOX SPORTS may offer free trial periods to the Service from time to time. During a free trial period, you will not be required to pay any Subscription Fee. Please note that your credit card may be charged a small nominal amount to verify your credit card but this verification charge will be refunded without you needing to take any further action. You may cancel your free trial subscription any time up to 48 hours prior to the end of the free trial period. If you do not cancel your free trial subscription by that time, you will be charged the Subscription Fee in accordance with the Subscription Period that you selected during your initial registration for the free trial, as set out in clause 13.
No refunds will be given for incorrect choice or change of mind unless at the sole discretion of FOX SPORTS. If you are entitled to a refund at law or FOX SPORTS elects to provide a refund, the payment will be processed according to the below terms:
If the application fee was paid via credit card or Paypal then the refund can only be processed back to that same credit card from which the payment originated.
Please allow the office up to fourteen (14) days to confirm your payment and issue the refund.
Commercial subscribers (such as pubs, bars, clubs and other commercial venues) who wish to provide the Watch AFL content to customers and patrons can access the Service by purchasing the Watch AFL Venues Pass at watchafl.com.au. The Watch AFL Venues Pass will automatically renew each year unless cancelled at least 48 hours prior to the end of the Subscription Period. Your nominated account will be charged upon confirmation of purchase and will be automatically debited every 365 calendar days.
The Watch AFL Venues Pass is not available in Australia. Any Watch AFL Venues Pass that is purchased within Australia will be cancelled without notice.
FOX SPORTS grants commercial subscribers the right to exhibit the Service in their public viewing areas but not the right to exhibit the Service at any other location within or outside of the commercial premises or by any other means. Commercial venues must only exhibit the Service in its entirety, in original form without any modifications, additions or deletions and they must not charge a fee for viewing the Service at their premises.
Each commercial venue is responsible for obtaining any necessary copyright licences and paying any license fees to collection societies in respect of the public performance of musical works, sound recordings or music videos embodied in the Service.
Permitted Use of the Service
Users must not circumvent, disable or otherwise interfere with security-related features of the Service or any features which prevent or restrict the use, distribution or copying of the Service or any content within the Service. You must not alter or modify the content or Service in any way.
Unless you are a commercial premises subscribed to a Watch AFL Venues Pass, you can only view the Service content for personal, non-commercial purposes and you must not permit the Service to be viewed in public areas of commercial premises.
You are not permitted to copy, record, reproduce, republish, post, broadcast, transmit or make any of the Service content available to any other person or authorise or assist anyone else to do so, unless we permit you to do so.
We reserve the right to refuse access to the Service in our sole discretion. You are solely responsible and liable for activity that occurs on your account and you are responsible for maintaining the confidentiality of your password.
Suspension and cancellation
FOX SPORTS may cancel the Service at any time and will provide you with reasonable notice prior to cancellation. Where cancellation by us is due to your breach of our Terms, we are under no obligation to any refund or notice.
FOX SPORTS may, in its sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, if you breach these Terms.
FOX SPORTS may suspend or restrict your use of all or any of the Service in the following additional circumstances:
where necessary for technical or operational reasons;
where we have been directed to by a content provider;
where we reasonably believe the Service is unsecure or is being used in breach of these Terms or is inconsistent with the requirements of our content providers; or
if any payments owed to use have not been paid by the due date.
All intellectual property rights in this Service and the content included on it, other than User Generated Material (defined below), are owned by FOX SPORTS or its licensors or advertisers, and users obtain no interest in those rights.
All content on the Service is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or intellectual property rights in the content of the Service.
Third party content
This Service may include third party content, which is subject to that third party’s terms and conditions of use. We encourage you to read those third party terms and conditions of use prior to accessing such third party content. As FOX SPORTS has no control over such content, you acknowledge and agree that FOX SPORTS is not responsible for the availability of the third party content and that FOX SPORTS neither endorses nor is responsible for any such content, including advertising, products or other materials.
User Generated Material
The Service may contain facilities (including facilities provided via social media sites such as Twitter and Facebook) that enable users to interact with other users and post and/or transmit content (including text and photographs) (User Generated Material).
You are responsible for any User Generated Material that you post, transmit or otherwise make available via the Service. You must not post, transmit or otherwise make available User Generated Material:
which is abusive, defamatory, obscene, profane or vulgar;
which is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability;
which is not your original work, or which violates or infringes the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
which you know (or reasonably ought to know) to be false, misleading or deceptive;
in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or
which violates any law or regulation.
FOX SPORTS assumes no responsibility for monitoring the Service for inappropriate User Generated Material. If at any time FOX SPORTS elects, in its sole discretion, to monitor User Generated Material on the Service, FOX SPORTS nonetheless assumes no responsibility for any User Generated Material and no obligation to modify or remove any inappropriate User Generated Material. FOX SPORTS may reject, refuse to post or delete any User Generated Material for any or no reason.
FOX SPORTS accepts no liability in relation to any User Generated Material including its content or accuracy.
You grant to FOX SPORTS, its assignees and authorised nominees a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public in all media throughout the world any User Generated Material posted, uploaded, transmitted or otherwise made available by you via the Service.
To the extent permitted by applicable law, you unconditionally and irrevocably:
consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material which is posted, uploaded, transmitted or otherwise made available by you via the Service; and
waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights.
Terms and conditions of entry for any promotion or competition (Competition Terms) conducted via the Service will appear with that promotion or competition. You should read those Competition Terms in conjunction with these Terms.
FOX SPORTS does not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. To the fullest extent permitted by law, FOX SPORTS does not make any promises or assurances to you about the Service and we will have no responsibility or liability to you in relation to any loss or damage of any kind (direct or indirect) however caused (including through our negligence) which is suffered or incurred by you or any other person, including without limitation damage to your software, hardware or any other device, arising from your use of or access to this Service or any linked third party content. You must take your own precautions to ensure that any content within the Service which you use is free from viruses, worms, trojan horses or any other harmful component which may interfere with or damage the operation of your software, hardware or any other device used to access the Service.
Where permitted under local law, including the Australian Consumer Law, the liability of FOX SPORTS for any breach of a term or condition implied by law is limited at FOX SPORTS’ discretion, to the supply of any service again or the payment of the cost of having any service supplied again. However, FOX SPORTS cannot limit its liability in this manner if you establish that it would not be fair or reasonable for FOX SPORTS to do so.
The information within the Service is not comprehensive and is intended only to provide a summary of the subject matter covered. FOX SPORTS does not undertake to keep the Service up-to-date and is not liable to you or any other person for any loss or disappointment suffered if the Service or content within it is not available or the content within the Service is incorrect, incomplete or not up-to-date. You must make your own assessment of it and rely on it wholly at your own risk.
You agree to fully indemnify and hold harmless FOX SPORTS and its related bodies corporate against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with:
your use of or access to the Service in breach of these Terms; or
User Generated Material which you post, transmit or otherwise make available.
This indemnity will survive these Terms and your use of the Service.
Complaints and Feedback
If you wish to make a complaint or ask for help in relation to the Service, please notify FOX SPORTS by emailing us at email@example.com, visiting our Help Page or by posting to us at Locked Bag 9000, CROWS NEST, NSW, 1585.
When contacting us regarding a complaint, please provide the following information in writing:
full details of the nature of your complaint; and
sufficient contact information to allow us to contact you regarding your complaint.
FOX SPORTS endeavours to respond to complaints within 30 days.
We can transfer our rights and obligations under these Terms to any third party.
All or any part of any term of these Terms that is found to be unfair or unenforceable will be treated as deleted and the remainder of the terms will continue to govern each of our respective obligations going forward.
Your use of the Service and these Terms are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.