Streamer Terms of Use

Agreement

(1) The Streamer Terms govern the personal, non-commercial subscriptions for the Streamer sports streaming service located at streamer.com.au (Streamer) which is owned and operated by West Australian Newspapers Limited (ABN 98 008 667 632) (WAN, we, us, our)

(2) By registering for Streamer each subscriber (Subscriber, you, your) agrees to be bound by and comply with these Streamer Terms.

(3) These Streamer Terms should be read in conjunction with our Privacy Policy here and the Terms of Use here.

(4) If there is any consistency between these Streamer Terms and the Terms of Use, these Streamer Terms will prevail.

Registration and Subscription Plans

(5) You can become a Subscriber if you:
a) are an Australian resident;
b) are aged 18 years or older; and
c) comply with these Streamer Terms.

(6) You can register to be a Subscriber by setting up an account (Account) via the Streamer website.

(7) You can update your details or your preferences via your Account settings on the Streamer website.

(8) Your subscription will begin when we send you a confirmation to the email address you provided when you registered and will continue from a month to month basis from that date (adjusted for February or months with 30 days if you registered on the 31st of a month) (Subscription Term).

(9) Details of the different subscription plans for Streamer are on the website (Subscription Plans) and include:
a) a basic free Subscription Plan where we grant you a limited, royalty free, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the content available through your Subscription Plan during your Subscription Term for personal, non-commercial use on and subject to these Streamer Terms; and
b) a Subscription Plan (currently called the Digital Fan Pass) where you pay us a fee described on our website (a Subscription Fee) and we grant you a limited, royalty free, non-exclusive, revocable licence to: i. access and view the content covered by your Subscription Plan; ii. edit and cut certain content made available through your Subscription Plan for this purpose (Editable Content); and iii. share the Editable Content that you created with third parties including social media websites (Third Party Sharing), in each case for your personal, non-commercial use on and subject to: iv. these Streamer Terms; and v. in the case of Third Party Sharing, the terms of third party websites that you use to share the Editable Content; and
c) other Subscription Plans we may make available from time to time.

Payment

(10) This section only applies to Subscription Plans where a Subscription Fee is payable.

(11) If you register for a Subscription Plan with a Subscription Fee you will need to provide us with a valid, current and accepted method of payment (Payment Method) to pay your Subscription Fee.

(12) By providing us with your Payment Method you authorise us to charge the Subscription Fee for your chosen Subscription Plan during the Subscription Period.

(13) We will charge the Subscription Fee for your Subscription Plan for each Subscription Period on the same day your Subscription Period began (adjusted for February or months with 30 days if you registered on the 31st of a month)

(14) At the end of the then current Subscription Period we will automatically renew your Subscription for a further Subscription Period unless you cancel your Subscription Plan prior to the start of the next Subscription Period.

(15) The Subscription Fee is inclusive of GST and exclusive of all other costs including access, data and other costs for the internet and devices used to access your Account and content available through your Subscription Plan.

(16) If we are unable to collect the Subscription Fee from you for any reason, you remain responsible for any uncollected amounts and we may suspend or cancel your access to your Account without giving you notice until we have successfully charged a valid Payment Method.

Pay Per-View Events

(17) This section only applies if you sign up to any pay per-view event (PPV) that WAN may offer via Streamer from time to time.

(18) To access a PPV you must:
a) have an Account;
b) pay in advance a one-off, non-refundable fee (PPV Fee) via a Payment Method; and
c) comply with these Streamer Terms.

(19) On receipt of the payment of the PPV Fee we will grant you a limited, royalty free, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the live PPV Event and replays for your personal, non-commercial use on one device at a time.

Prohibitions

(20) You must not:
a) share your Account with any other person;
b) except as expressly permitted for Editable Content if you have an applicable Subscription Plan, modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer content obtained from your subscription;
c) sell any information, data, content or software obtained from your subscription; and
d) attempt to circumvent, remove or alter any geo-blocking, digital rights management, anti-piracy measures or other technical or security measures employed on Streamer.

Warranty

(21) You represent and warrant that:
a) the information you provide to us when you register your Account or update your Account is true and accurate, and not misleading in any way;
b) you are authorised to permit WAN to take payments via the Payment Method; and
c) in the case of subscriptions to Third Party Sharing, you are authorised to share your Editable Content with those third party sites.

Advertising

(22) You acknowledge and agree that the Streamer is ad funded and you must not use any ad blocking technology to block advertising being served via Streamer. You may adjust your cookies settings via our Cookies Policy here.

Third Party Links

(23) If Streamer displays any links to third party websites you acknowledge and agree that:
a) WAN may receive commission when you click through to certain affiliate websites;
b) in clicking on the link you will leave Streamer and WAN has no control over those third party websites;
c) you access and use third party websites, goods and services at your own risk; and
d) you may be required to agree to terms and conditions and a privacy policy for each third party site.

Disclaimers

(24) The content on Streamer is provided to you “as is” and on an “as available” basis and subject to third party permissions which can be amended, revoked or updated at any time.

(25) You acknowledge and agree that the nature of sport means that:
a) the details including details of PPV Events are correct at the time of WAN promoting the events but can be subject to change and an event may be rescheduled to another time or date; and
b) the nature of sports means that WAN is unable to make any representation, warranty or guarantee as to the quality or the length of any content including PPV Events.

(26) We do not make any promises or assurances to you about Streamer, the content or the software, including without limitation that your use of the Streamer will be uninterrupted or error-free.

(27) Subtitles and closed captions are not available for content on Streamer.

Liability

(28) Except to the extent required under applicable laws including the Australian Consumer Law, WAN excludes all liability arising from or in connection with your use of Streamer, your Subscription Plan or your Account.

(29) To the extent that our liability cannot be excluded by applicable laws including the Australian Consumer Law, our liability is limited to at our option resupplying the relevant goods or services to you or the amount(s) paid by you (if any) in respect of those goods or services.

(30) Neither of us will be liable for any indirect, special or consequential losses or damages of any nature (including loss of profits, revenue, production, goodwill, data or opportunity) howsoever arising in connection with your use of Streamer, your Subscription Plan or your Account.

Suspension/Cancellation

(31) Either we or you may suspend or cancel your Account at any time by notice to the other party if the other party is in breach of these Streamer Terms.

(32) If we suspend or cancel your Account we reserve the right to:
a) retain any prepaid funds you have paid to us prior to suspending or cancelling your Account; and
b) restrict your access to Streamer.

(33) You can suspend or cancel your Account at any time by giving us notice in writing.

(34) If you cancel your subscription to any of our paid up for Subscription Plans your cancellation is effective at the end of your current billing cycle and you will no longer have access to that Subscription Plan.

Severability

(35) If any provision of these Streamer Terms is deemed to be invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Streamer Terms, which will remain in full force and effect.

No waiver

(36) A delay by a party in exercising a right will not amount to a waiver of that right.

Changes

(37) WAN may update these Streamer Terms from time to time by sending a notice to Subscribers provided that any changes to the Subscription Fee will not come into effect until the expiry of your current Subscription Term.

(38) Our customer service teams are not authorised to make any modifications to these Streamer Terms either in writing or verbally.

Assignment

(39) You acknowledge and agree that as the owner or operator of Streamer WAN has the right to exercise any rights in respect of Streamer or its content including the right to transfer any or all of our rights and/or obligations under these Streamer Terms to any person provided such transfer does not detrimentally affect your rights under these Streamer Terms.

(40) You acknowledge and agree that you must not transfer any or all of your rights and/or obligations under these Streamer Terms including your Account as the licence we grant you to our content is non-transferable.

Governing law

(41) These Streamer Terms are governed by the laws of Western Australia, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.