- The Streamer digital content platform
1.1 These Terms of Use apply to all Users of streamer.com.au (the Platform).
1.2 Streamer.com.au is owned and operated by West Australian Newspapers Limited of 50 Hasler Rd, Osborne Park WA 6017, Australia (WAN) and includes a Linear Service and VOD Service.
1.3 Your use of the Platform indicates your understanding and acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms.
1.4 In these Terms, 'you' and 'your' means Members / Users, and includes members of your household. 'we', 'our' and 'us' means WAN.
Meanings. In these Terms:
1.5 ‘Digital Fan Membership’ means a Club membership which is paid for on a monthly subscription basis.
1.6 'Linear Service' means a service that makes the Content available to you via the Platform on a live or near-live basis.
1.7 'Organisation' means a participating organisation such as a Club or School (as applicable from time to time). Organisations must also comply with the Organisation Terms of Use or other Terms of Use mutually agreed with WAN in writing).
1.8 'Premium Membership' means a membership which is paid for on a monthly subscription basis.
1.9 'Standard Membership' (otherwise known as 'visitor access' means a membership which does not require sign up nor payment).
1.10 'Users' means end users of the Platform.
1.11 'VOD Service' (Video On Demand Service) means a service that makes the Content available to you via the Platform on an on-demand basis.
PART A – GENERAL TERMS
The terms set out in this Part A apply to all Users of the Platform. (Part B and Part C contain Additional Terms which apply depending on what type of Organisation you are associated with (ie: what Content you view on the Platform.)
- Accessing the Platform– minimum requirements
2.1 To be eligible to access the Platform you must be over the age of 15, or otherwise have your parent or guardian's permission to use the Platform.
2.2 You can access the Platform by going to www.streamer.com.au.
2.3 You must be using a supported device, as listed in our FAQs on the Platform.
2.4 You must have a broadband plan with minimum speed of 0.8Mbps (however at least 3Mbps is recommended).
- Signing up
3.1 Signing up to the Platform is mandatory for all Premium Memberships.
3.2 Sign up is via your Google account, Apple ID or email and password.
3.3 You must provide us with accurate and complete information when you access the Platform. You must keep all your identification and user information required to access the Platform strictly confidential. You should not reveal your password to anyone nor use anyone else's password. You are entirely responsible for all activities that occur through your password, and you agree to immediately notify us in the event you become aware of any unauthorised use or breach of security.
- Members
4.1 A variety of Memberships can be accessed, depending on the Organisation you are associated with and the Content you wish to access. You can find the types of Membership at the Membership Page https://streamer.com.au/memberships.
4.2 The Membership determines the Platform Services and Functionality you have access to, and the Additional Terms with which you must comply.
4.3 The Membership tiers do not apply to Organisations wishing to purchase Organisation memberships, as such memberships are governed by the Organisation Terms of Use at [url] or other Terms of Use agreed in writing with WAN.
- Fees and Charges
5.1 Prices quoted for Premium Memberships are inclusive of GST.
5.2 You acknowledge that Membership prices may be changed by WAN from time to time by giving You at least 7 days' notice in advance. We will always inform you in advance of any increase in the price of your Membership and offer you an opportunity to cancel it if you do not wish to pay the new price.
5.3 Membership Fees are charged monthly in advance (commencing on the date you become a Member) and payable via credit card (Visa, Mastercard accepted).
5.4 It is your responsibility to notify us if your credit card is cancelled or your details change before your next billing date.
- Termination
6.1 You may cancel your Membership at any time by selecting the 'cancel membership' option in your profile settings. Your Cancellation of your Membership will be effective immediately upon selecting this option and your profile will be removed from the Platform. You will not be charged any Membership Fees in the month following the month of your termination.ettings. Your Cancellation of your Membership will be effective immediately upon selecting this option and your profile will be removed from the Platform. You will not be charged any Membership Fees in the month following the month of your termination.
- Intellectual Property
7.1 Content means audio-visual material that Users can access, view and/or display via the Platform and Members can upload to the Platform, download from the Platform and communicate (according to their applicable membership) during Your Membership.
7.2 You agree you will not communicate Content that contains copyright material owned by third parties including footage and trademarks on the Platform.
7.3 You acknowledge that the audio-visual Content that you are able to access, view and/or display via the Platform contains proprietary information and material that is owned by us, Members and/or Organisations is protected by intellectual property and other laws including copyright. You agree you will use such proprietary information or materials in accordance with these Terms.
7.4 Your use of any Content communicated using the Platform is conditional upon your acceptance of these Terms. If you do not agree with them, do not use the Platform.
7.5 WAN licenses Members the right to reproduce, cut, edit, alter footage and communicate the Content for non-commercial purposes both on and off Platform.
7.6 Users are authorised to use the Content only for personal, non-commercial use in accordance with these Terms, and must not sell, rent, lease or otherwise assign or sublicense Content to any other person or device, or use it in any advertising or promotional materials.
7.7 You warrant that you will not use the Platform nor Content on the Platform for any unlawful use.
7.8 Without limiting any other restriction associated with your applicable Membership, You are authorised to view the Content only in accordance with these Terms and must not sell, rent, lease or otherwise assign the Content to any other person or device, nor use it in any advertising or promotional materials.
7.9 You acknowledge that the Content we provide to you is by way of licence only, and that the Content you access through the Platform includes technology that protects digital information and our rights and those of our licensors.
7.10 You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any digital rights management or security technology or software that is part of the Platform, nor interfere with, remove or alter any rights management information nor proprietary notices or labels on the Content.
7.11 We may monitor your compliance with these Terms from time to time, and in the event of breach by you, we may terminate your use of the Platform and take advantage or any available remedies at law.
- Subtitles and commentary
8.1 Subtitles and closed captions are not available for Content on the Platform.
- Availability and accuracy of the Platform
9.1 We will provide the Platform to you in accordance with these Terms, within a reasonable time and using due care and skill, and (with respect to some Content) according to your geographic location.
9.2 We want to give you the best service possible, but sometimes availability of the Platform may be affected by factors outside our control. For this reason we cannot guarantee that:
i. the Platform will be available to you at all times;
ii. the Platform will always be accurate; or
i. streaming speeds of the Platform won't vary from time to time.
9.3 In using the Platform, you acknowledge that your use of the Platform may not be uninterrupted, timely, secure or error free. You also acknowledge that the Platform and the servers that provide you with data and third party content and third party services may not be free of viruses or other harmful components.
9.4 On occasion, technical problems or file sizes may delay or prevent Content from being streamed. It may also be necessary for us to interrupt the Platform (or parts of it) occasionally in order to upgrade or maintain it. Should we need to interrupt the Platform we will, whenever possible, conduct maintenance or upgrades at times that would minimize inconvenience to our customers and restore the Platform as soon as possible.
- Changes to the Platform
10.1 We may at our discretion and from time to time change, add, or remove features and functionality of the Platform or discontinue one or some of the features of the Platform without notice.
- Third Party Links
11.1 From time to time the Platform may display links to third party websites. You understand that you may be required to agree to third party terms and conditions before being provided such access through the Platform and that you access and use third party services at your own risk.
- Your personal broadband usage
12.1 To use the Platform you need a minimum speed of 0.8Mbps (however at least 3Mbps is recommended). You are responsible for checking with your internet service provider as to whether your plan is suitable.
12.2 You are responsible for paying for your personal broadband connection, including any data charges (even if you are able to receive the Platform free of charge).
12.3 The content you stream and/or download via the Platform may be metered by your internet service provider, and counted towards any usage allowance you have and/or be charged to you by your provider.
12.4 Streaming quality varies depending on broadband connection speed. The Platform uses an adaptive bitrate system that automatically adjusts the quality of the stream based on the device capability and quality of your broadband connection to start the streams as quickly as possible and to minimize buffering to the extent possible in the context of all the various broadband plans our customers have. However, we are not responsible for buffering which may occur if your broadband plan is not suitable (ie: does not have the minimum speed of 0.8Mbps, or if buffering occurs for other reasons beyond our reasonable control).
- Advertising
13.1 You acknowledge that there may be advertising displayed as part of the Platform, providing you information regarding products and services.
13.2 This advertising may be in the form of display advertising, pre-roll advertising (which appears before you start watching Content), mid-roll advertising (which appears during your viewing of the Content) and post-roll advertising (which appears after you have finished watching the Content).
13.3 You acknowledge that the Platform contains advertising, and that use of ad blocking software on your device will not block all advertising served by us or on our behalf.
- Customer support
14.1 For customer support in relation to your use of the Platform go to our Support page where you will find FAQs and an online email form to submit queries (including any legitimate refund request). You are required to provide us with complete and accurate information regarding any customer service query you submit.
- Changes to these Terms and effect of these Terms
15.1 We may vary these Terms or any information contained on the Platform at any time. However, if a variation is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you of the change no later than when the change becomes effective.
15.2 In the event these Terms are inconsistent with any other Terms you have agreed to in relation to your ongoing use of these Terms will prevail to the extent of that inconsistency.
- Privacy
16.1 If you are under 15 years old, you must give this Privacy Statement to your parent or guardian and get their permission for you to use the Platform.
16.2 WAN and its Associated Entities is collecting your personal information and other data for the purpose of establishing and administering your access to the Platform (along with any future service we provide and which requires logging in) (where applicable), processing any request you make when you contact us via the Platform, and for the purpose of understanding our audiences.
16.3 WAN will handle your personal information and other data in accordance with our Privacy Policy which is available at www.sevenwestmedia.com.au/privacy, and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information.
16.4 Our Privacy Policy also contains information regarding cookies and other technologies we use in order to improve and personalise your experience by identifying and displaying content which may be of interest to you, referring you to products and services that may be of benefit or interest to you and displaying targeted advertising based on those interests. To learn more and for information on how to opt out of such activities, see our Cookies Guide at http://www.sevenwestmedia.com.au/cookies-guide/.
16.5 Where you use our products and services, you agree to the terms of the Privacy Policy. Without limiting the foregoing:
i. you consent to WAN disclosing your personal information and other data to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with WAN;
ii. you consent to WAN using your personal information for the purpose of WAN and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners. We will always provide you with the ability to opt out of those communications;
iii. And, if an opt-in box is provided on your registration page and you opt in, you agree to WAN also sharing your personal information with your Organisation for the purpose of your Organisation directly sending you information about their products and services;
iv. you consent to our use of cookies and other technologies to improve and personalise your experience by identifying and displaying content which may be of interest to you,referring you to products and services that may be of benefit or interest to you and displaying targeted advertising based on those interests. To learn more and for information on how to opt out of targeted advertising, see our Cookies Guide at http://www.sevenwestmedia.com.au/cookies-guide/;
v. you consent to our use of proprietary measurement software in the Platform which will allow users to contribute to market research or audience ratings services; and
vi. you consent to us sharing your personal information in connection with your use of the Platform with our content licensors and Organisations in connection with the enforcement of their intellectual property rights.
- Supplier Liability
17.1 Except as expressly set forth herein, you expressly acknowledge that this Platform is provided 'as is' and any use by you of the Platform is at your own risk.
17.2 To the maximum extent permitted by law, in no event will WAN or its associated entities nor its third party licensors be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Platform, any linked site, the streaming of any Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if WAN or its associated entities are advised of the possibility of such damages, losses or expenses.
17.3 To the extent permissible by law, we will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
17.4 To the extent permissible by law, our maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
17.5 If you are a consumer under the Consumer and Competition Act 2010 (Cth) (Australian Consumer Law) the Platform comes with consumer guarantees that cannot be excluded under that Law.
17.6 We exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise. We also exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our suppliers' personnel in connection with this contract:
i. on behalf of and for the benefit of our suppliers; and
ii. for ourselves, to the extent permitted by the Australian Consumer Law.
17.7 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence.
- Assignment
18.1 We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.
18.2 The Platform is provided for your personal, non-commercial use, and may not be resold, in whole or in part.
- Indemnity
19.1 You agree to indemnify and hold us harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' charges on an indemnity basis), including but not limited to claims against us or our related companies alleging negligence, defamation, copyright infringement and/or trademark infringement, relating to or arising out of your breach of our agreement with you (as contained in these Terms) or your misuse of the Platform.
- Term, suspension and termination of the Platform
20.1 Our agreement with you (as contained in these Terms) commences on the date you first access the Platform, and ends once terminated earlier in accordance with these Terms.
20.2 We retain the absolute right to immediately suspend or terminate your use of the Platform and or/ membership, remove Player Profiles, remove any Content and terminate this agreement with you (as contained in these Terms), if:
i. you breach these Terms in a material way;
ii. you communicate content WAN determines, at its sole discretion, is objectionable, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images, footage or language;
iii. you misuse (or we can establish you have attempted to misuse) the Platform or your use of the Platform is reasonably considered by us to be unlawful or fraudulent or to adversely affect the integrity of the Platform or other customers' use of or access to the Platform;
iv. you use the Platform in such a manner, other than as permitted under these Terms, as to infringe upon our intellectual property rights or those of our suppliers or any third party;
v. we cease to provide the Platform, or any part of it, for example in order to comply with our legal obligations (including legislative changes) or Court orders; or
vi. we have reasonable grounds to believe that a threat or risk of security, injury or damage exists.
20.3 We may monitor your use of the Platform to ensure that you are complying with these Terms. We will comply with our Privacy Policy if we do.
20.4 We may investigate any alleged misuse of the Platform and may involve or assist police or other law enforcement agencies in doing so without notice to you.
- Applicable Law
21.1 These Terms are governed by the laws in force in Western Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia, and any courts which may hear appeals form those courts.
ADDITIONAL TERMS
In addition to the General Terms of Use in Part A applying to all Users of the Platform, additional terms specific to the particular Content you will view will also apply to your use of the Platform.
PART B – ADDITIONAL TERMS FOR SCHOOL LEAGUE PASS MEMBERS
- School League Pass Members
The terms set out in this Part B apply to all Users of the Platform who view Content made available by Organisations which are PSA Schools (“School League Pass Members”):
22.1 School League Pass Members must purchase a Premium Membership (which is by paid subscription only).
22.2 Your Premium Membership provides access the following Platform Services and Functionality:
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view live streaming of Content on Linear Service,
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View archive Content on VOD Service,
22.3 Premium Membership Fees for School League Pass Members are $5 inc GST per month.
PART C – ADDITIONAL TERMS FOR CLUB MEMBERS
- Club Members
The terms set out in this Part C apply to all Users of the Platform who view Content made available by Organisations which are sporting (or other) Clubs (“Club Members”):
23.1 There is currently one type of membership for Club Members:
a. Standard Membership - You may visit the Platform (without signing up and without paying subscription fees) to solely access and watch live streaming of Content on the Platform. (Without limitation, you may not copy, download, redistribute or transfer the Content to any other person or device, nor in any way alter such Content).
b. Digital Fan Membership - provides access to the following Platform Service and Functionality:
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view live streaming of Content on Linear Service,
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View archive Content on VOD Service,
23.2 Digital Fan Members must purchase a Digital Fan Membership (which is by paid subscription only).
23.3 Digital Fan Membership Fees for Club Members are $5 inc GST per month.