Foxtel Entitlement Services - Terms of Use (“Terms”) Effective – 12 December 2018 1. Entitlement Services 1.1. A Foxtel entitlement service means a service that Foxtel makes available to you from time to time where your entitlement is determined by reason of your subscription to a Foxtel Service (as defined at clause 2.2), and includes: a. the Foxtel GO App being the streaming and catch-up IPTV service known as Foxtel GO; and b. the Foxtel Kids Service being the service know as Foxtel Kids. (each a “Foxtel Entitlement Service”, together the “Foxtel Entitlement Services”). 1.2. The user application (or ‘app’) for each of the Foxtel Entitlement Services (each an “Application” together the “Applications”) is owned and operated by Foxtel Management Pty Limited (ABN 65 068 671 938) (“Foxtel”). 1.3. The Foxtel Entitlement Services are provided by Foxtel Pty Limited (ABN 45 069 008 797) or its agents. 1.4. In these Terms, the singular includes the plural and vice versa and references to “we” or “us” will be read as references to Foxtel and Foxtel Cable Television Pty Limited. 2. Your Eligibility to use the Foxtel Entitlement Services 2.1. These Terms apply when you are eligible to use an Application and access a Foxtel Entitlement Service.

The Foxtel GO App 2.2. You are eligible to access the Foxtel GO App if you subscribe to any of the following services: a. a residential Foxtel TV Service as defined in the Residential Subscription Television Agreement https://www.foxtel.com.au/about/customer-terms.html ; or b. a Foxtel from Service. (each a “Foxtel Service”, together the “Foxtel Services”).

The Foxtel Kids Service 2.3. You are eligible to access the Foxtel Kids Service and use its Application if you subscribe to: a. a residential Foxtel TV Service; b. a Foxtel Now Service; or

Foxtel Entitlement Services – Terms of Use – 12 December 2018 c. a Foxtel from Telstra Service, and you subscribe to the relevant kids package made available as part of that Foxtel Service. 2.4. The Foxtel Entitlement Services are not available to Optus TV featuring Foxtel customers or Foxtel business customers. 2.5. You will no longer be eligible to access a Foxtel Entitlement Service if you no longer subscribe to the relevant Foxtel Service, and in the case of the Foxtel Kids Service, any content downloaded to your device will automatically be deleted from your device when your eligibility to access the Foxtel Kids Service ceases. 2.6. By downloading an Application and accessing or using a Foxtel Entitlement Service, you agree to be bound by these Terms as updated by Foxtel from time to time and, as a parent or legal guardian, you accept these Terms on behalf of a minor that you allow to access a Foxtel Entitlement Service. 2.7. If you subscribe to a Foxtel Service or a Foxtel Now Service, your use of an Application and a Foxtel Entitlement Service is subject to the Foxtel Residential Subscription Television Agreement (https://www.foxtel.com.au/about/customer-terms.html) or the Foxtel Now Terms and Conditions (https://www.foxtel.com.au/foxtelnow/terms.html) (as applicable to you). 2.8. If you subscribe to a Foxtel from Telstra Service, your use of an Application and any Foxtel Entitlement Service is subject to the terms that you entered into with Telstra for the provision of that service and these Terms are provided to you by Foxtel on behalf of Telstra. 3. Access to the Foxtel Entitlement Services 3.1. You must have an active Foxtel ID that is linked to a Foxtel Service to access and use the associated Foxtel Entitlement Service. The account holder or authorised representative of the Foxtel Service must be the first person to set up a Foxtel ID linked to a particular Foxtel Service and that person will be known as the “Primary Account Holder”. Any person who registers for a Foxtel ID linked to a particular Foxtel Service after the Primary Account Holder will be known as the “Secondary Account Holder”. The first of these two to download an Application and access a Foxtel Entitlement Service for the first time will control the parental control functions of the Foxtel Entitlement Service. Therefore, for the purposes of controlling the parental control functions of a Foxtel Entitlement Service, we recommend that the Primary Account Holder be the first to download an Application and access a Foxtel Entitlement Service.

Foxtel Entitlement Services – Terms of Use – 12 December 2018 3.2. If you are eligible to access the Foxtel GO App, your access entitlements are determined by the Foxtel Service you subscribe to as follows:

Foxtel GO App

Foxtel Service Max no. of registered Maximum no. of registered devices compatible devices at any one that can simultaneously stream time content at any one time

Foxtel TV Service 5 2

Foxtel from Telstra Service 5 2

Note: devices constitute one device stream each, where you perform a play and then cast on the mobile or tablet screen. More information on casting the Foxtel GO app via Chromecast or Airplay for Multiroom or Multiroom Casting customers is available on the Foxtel Website at https://www.foxtel.com.au/shop/upgrade/multiroom.html

3.3. If you are eligible to access the Foxtel Kids Service, your access entitlements are determined by the Foxtel Service you subscribe to as follows:

Foxtel Kids Service

Foxtel Service Max no. of registered Maximum no. of registered devices compatible devices at any one that can simultaneously stream or time content at any one time

Foxtel TV Service 5 2

Foxtel from Telstra 5 2

Foxtel Now Service 5 2

3.4. If you have reached your maximum registered device limit and want to access a Foxtel Entitlement Service on a device other than one that is currently registered to your Foxtel Service, you may do so by deregistering one of your current registered devices and registering a different device. However, when you have reached your maximum device limit, you may only make one device change for a Foxtel Entitlement Service per calendar month. 4. Downloading an Application and Connectivity Requirements

Foxtel Entitlement Services – Terms of Use – 12 December 2018 4.1. In order to use an Application, you will need to download the latest version of the Application on a compatible device. A list of the main compatible devices for each Foxtel Entitlement Service is available on the Foxtel website at: a. Foxtel GO App: https://www.foxtel.com.au/foxtel-go.html; b. Foxtel Kids Service: www.foxtel.com.au/kidsapp 4.2. We continually review device support and operating systems and may stop supporting older versions. We may update an Application at any time, so for the best experience you must ensure that your operating system and Application is updated to the latest version. Each release of an Application is tested on a range of flagship devices from our partner manufacturers. Although we test across a suite of devices we cannot guarantee the user experience will be consistent across every compatible device. 4.3. An Application will not be available for download on any jail broken device. 4.4. An Application and a Foxtel Entitlement Service is provided to you using your broadband internet connection, mobile connection or wireless connection (such as 3G or 4G) (each a “Connection”). The ability to stream (or download where applicable) video content and the video quality on a Foxtel Entitlement Service may be impacted by the speed of your Connection and may be unavailable with Connections below certain speeds. It may also be affected by the availability of your Internet Connection in certain areas. We are not responsible for any video quality variances. As a guide, the recommended speeds for each Foxtel Entitlement Services are listed on the Foxtel website at: a. Foxtel GO App: https://www.foxtel.com.au/foxtel-go.html b. Foxtel Kids Service: www.foxtel.com.au/kidsapp 4.5. Other than your existing subscription fees for your Foxtel Service/s, any costs (including data charges) associated with downloading, installing or accessing an Application or using a Foxtel Entitlement Service (including streaming or downloading video content) is the responsibility of the person seeking access and is dependent on the Connection used and your internet or mobile phone provider. 4.6. Streaming and downloading video content (where available) via a Foxtel Entitlement Service is currently unmetered if you are a Foxtel Broadband or Telstra Home Broadband customer when you are connected to your Foxtel Broadband or Telstra Home Broadband within your home. If you have another internet service provider, streaming and downloading video content (where available) via a Foxtel Entitlement Service may count towards your data plan and may vary depending on your Connection and service provider. You are responsible for any charges associated with exceeding your data limits. A guide to the maximum data per device on the various settings is available on the Foxtel website at: a. Foxtel GO App: https://www.foxtel.com.au/foxtel-go.html b. Foxtel Kids Service: www.foxtel.com.au/kidsapp

Foxtel Entitlement Services – Terms of Use – 12 December 2018 4.7. We are not responsible if a Foxtel Entitlement Service is suspended, interrupted or not available to you due to a Connection network fault or interruption. 5. Terms specific to the Foxtel GO App 5.1. You must subscribe to a channel (or relevant tier) on your Foxtel Service to stream live and content made available on the Foxtel GO App from that channel. If you do not subscribe to the channel (or relevant tier) you will not be able to access the corresponding content made available on the Foxtel GO App. 5.2. The Foxtel GO App may not include all programs included on a channel, or all channels, on your Foxtel Service. When we are not able to provide content on the Foxtel GO App that is available on your Foxtel Service, we will ‘black-out’ the program or channel from the Foxtel Go App Service. We will try to minimise the level of black-outs, which will vary depending on the channel and device. You can view details of black-outs on the Foxtel website at https://www.foxtel.com.au/got/support/tv/apps-extras/blackouts.html. 5.3. The ‘remote record’ function and the ‘change channel’ function on the Foxtel GO App, is only available to you if you: a. subscribe to a Foxtel TV Service or a Foxtel from Telstra Service; b. have a Foxtel iQ, iQ2, iQ3 or MyStar set top box; and c. have a Foxtel ID linked to you Foxtel TV Service or Foxtel from Telstra Service. 5.4. Where required by the law, content classifications will be displayed with each piece of content available on the Foxtel GO App. You accept full responsibility for reviewing all classification information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, other viewers of the content. Where you allow children or young people to view content via the Foxtel Go App, you are responsible for making sure that the content is suitable for them. 5.5. Subject to clause 5.8, access to all content may be restricted by the parental control features in the Foxtel GO App on all registered devices. a. We recommend, and assume for the purposes of these Terms, that the Primary Account Holder is the first person to access the Foxtel Go App as that person will be asked to create a PIN when they access the parental control feature of the Foxtel Go Service for the first time or when attempting to access classification that is classified “R18+”. This PIN will then apply on all Foxtel Go App registered devices. b. Where the content is classified, the parental control feature allows the Primary Account Holder to use a PIN to limit access to content based on its classification. c. Any parental control settings are device specific (i.e. although your PIN will be the same across registered devices, your parental control setting will need to be set up on each registered device and may differ between devices). The Primary Account Holder can manage the parental control feature settings at any time by going to the

Foxtel Entitlement Services – Terms of Use – 12 December 2018 ‘Settings’ tab and the ‘Parental Control’ tab within the Foxtel Go App on a registered device. d. The PIN can be reset by the Primary Account Holder at any time via the parental control feature and that PIN will apply across all registered devices. We recommend that the Primary Account Holder keeps their PIN safe and confidential and uses it responsibly. 5.6. You will be able to view channels or programs that are broadcast in a high definition format, in high definition, regardless of the Foxtel Service to which you subscribe. Access to high definition programming is subject to the below: a. the quality of the display of the Foxtel Entitlement Service content may vary between devices and may be affected by the speed of your internet connection, location and available bandwidth. Please refer to clause 4 above for more information regarding optimal device and internet connectivity requirements for the Foxtel Entitlement Services; b. On Demand content including sports content may not be available in HD; and c. mobile streaming will only be accessible in standard definition format, except where the mobile internet connection is being accessed via a personal hot spot connection. 5.7. Where you have a Multiroom or Multiroom Casting subscription in association with a Foxtel TV Service, you may cast your Foxtel Entitlement Service to your television, via Google Chromecast or Apple TV.

5.8. Casting via Chromecast may not support parental control functionality and we recommend parental supervision whilst casting via Chromecast.

5.9. If any inconsistency arises between the terms specific to the Foxtel GO App as set out in this section 5 and the rest of these Terms, the terms set out in this section will prevail for the Foxtel GO App. 6. Terms specific to Foxtel Kids Service 6.1. If you are eligible to access the Foxtel Kids Service, you will be able to stream content and download content to your device, from the kids channels included in your entry level package and/or kids pack. Not all programs included on a kids channel, or all kids channels, included in your entry level package and/or kids pack will be made available on the Foxtel Kids Service for streaming or download. 6.2. You cannot stream live content on the Foxtel Kids Service. 6.3. Subject to availability or any technical reasons, any download to your device can be saved on your device and viewed an unlimited amount of times within 31 days of the completion of the download without any Connection. Not all content available to stream on the Foxtel Kids

Foxtel Entitlement Services – Terms of Use – 12 December 2018 Service will be available to download on the Foxtel Kids Service and some content may be restricted as to the number of times it may be available for download. 6.4. Any content downloaded to your device, may affect the total amount of storage available on your device. 6.5. Any content you stream or download to you device must not be transferred to another device. 6.6. Only content classified “PG – Parental Guidance” or below, as provided to us by our content providers, will be made available on the Foxtel Kids Service. 6.7. We recommend, and assume for the purposes of these Terms, that the Primary Account Holder is the first person to access the Foxtel Kids Service on each registered device as they will be required to set up a parental control PIN on each registered device prior to access. This PIN will allow the Primary Account Holder to set up account viewing preferences on a registered device for the Foxtel Kids Service, allowing them to: a. restrict access to certain programs based on their classification; b. restrict access to content made available on specific channels; c. restrict the ability to download content to the device in certain circumstances; and d. limit viewing time (note: if the nominated viewing time limit is reached while a program is being viewed and has less than 3 minutes remaining, access to the Foxtel Kids Service will only be disabled once that program has finished and will remain disabled until the parental control PIN is entered). 6.8. Any parental control settings are device specific (i.e. your parental control settings will need to be set up on each registered device and may differ between devices). The Primary Account Holder is responsible for keeping their parental control PIN safe and for ensuring they have set up appropriate viewing preferences on each registered device. Viewing preferences can be changed at any time, to accommodate the age of the relevant viewer, via the “Settings” section of the Application. 6.9. We also support the Office of the Children’s eSafety Commissioner’s guidelines in relation to the use of the Foxtel Kids Service. 6.10. If any inconsistency arises between the terms specific to the Foxtel Kids Service as set out in this section 6 and the rest of these Terms, the terms set out in this section will prevail for the Foxtel Kids Service. 7. Intellectual Property Rights 7.1. Your use of a Foxtel Entitlement Service and an Application is protected by intellectual property laws and these Terms. 7.2. Copyright, trademarks and all other intellectual property rights in all material, content or software supplied as part of the Applications and Foxtel Entitlement Services will remain ours or, where applicable, our content partners or licensors. We grant you a limited licence to use

Foxtel Entitlement Services – Terms of Use – 12 December 2018 such rights for your personal use of an Application and a Foxtel Entitlement Service only, in accordance with these Terms. 7.3. You will not, and you will not assist, facilitate or authorise any third party to: a. copy, transfer publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit an Application or any material or content you obtain via an Application or from a Foxtel Entitlement Service; b. alter or tamper with the signal of any Foxtel Entitlement Service made available via an Application; c. sell or make any charge for watching or using any part of a Foxtel Entitlement Service; or d. show any part of a Foxtel Entitlement Service in public to an audience, even if no charge is made. 7.4. We may technically prevent or control the copying of any part of an Application or content delivered via a Foxtel Entitlement Service. 7.5. Content owners (including Foxtel) use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. The Foxtel Entitlement Services use PlayReady™ technology to protect certain content. If the PlayReady™ technology fails to protect the content, content owners may require the Foxtel Entitlement Services to restrict or prevent the delivery of protected content to specified devices or PC software applications. In certain cases, you may be required to upgrade the PlayReady™ technology to continue to access a Foxtel Entitlement Service. If you decline such an upgrade, you will not be able to access content that requires the upgrade. 7.6. The Applications contain technology subject to certain intellectual property rights of Microsoft. Use or distribution of this technology outside of the Applications is prohibited without the appropriate license from Microsoft. 8. Your Privacy and Personal Information 8.1. By using an Application and a Foxtel Entitlement Service, you consent to us collecting, using and disclosing your personal information on the terms of these Terms and Foxtel’s Privacy Policy https://www.foxtel.com.au/about/privacy/privacy-policy.html. YVACY AND PERSONAL 9. General 9.1. You must follow our reasonable instructions about how you use the Foxtel Entitlement Services. You must not use a Foxtel Entitlement Service for any improper or unlawful purpose and you will not allow anyone else to do the same.

Foxtel Entitlement Services – Terms of Use – 12 December 2018 9.2. You are not permitted to copy, record, reproduce, republish, post, broadcast, transmit or make any Foxtel Entitlement Service content available to any other person or authorise or assist anyone else to do so, unless we permit you to do so. 9.3. You must be eligible in accordance with clauses 2.2 and 2.3 above to access and use a Foxtel Entitlement Service. You must not permit another person (other than a member of your household) to use your Foxtel ID to access and use a Foxtel Entitlement Service. 9.4. You can only access and use a Foxtel Entitlement Service for personal non-commercial purposes. You must not permit a Foxtel Entitlement Service to be viewed in public areas or commercial premises. 9.5. With the exception of content already downloaded to your device via the Foxtel Kids Service, the Foxtel Entitlement Services are only available for use in Australia and its external territories where the Foxtel Services are available. 9.6. Foxtel may suspend or cancel an individual user’s use of an Application and a Foxtel Entitlement Service, or an Application and a Foxtel Entitlement Service as a whole, without prior notice or warning. 9.7. Foxtel will use reasonable care and skill in providing the Applications and Foxtel Entitlement Services to you. However, we make no guarantees that an Application or Foxtel Entitlement Service will be available, uninterrupted, secure or error free, or that defects will be corrected. 9.8. The Foxtel Entitlement Services may vary from time to time. We may alter the content, presentation of and/or the facilities available on a Foxtel Entitlement Service from time to time without giving you notice. This includes changing the scheduled broadcast time of, or withdrawing any program and adding, withdrawing or changing any features or functionality of a Foxtel Entitlement Service, including channels. 9.9. We make no commitment to continue to provide a Foxtel Entitlement Service to you and we may cease providing a Foxtel Entitlement Service at any time without notice to you. 9.10. We can temporarily or permanently restrict or suspend your use of a Foxtel Entitlement Service immediately if: a. you have failed to pay a bill for the Foxtel Service that grants you access to a Foxtel Entitlement Service; b. you have breached these Terms or you have breached the agreement you entered into with Foxtel, its agents, or Telstra (where applicable) for the provision of your Foxtel Service; c. you have engaged in unlawful or fraudulent conduct in connection with the supply of a Foxtel Entitlement Service; d. it is reasonably necessary to update the Application or the Foxtel Entitlement Service; e. there are technical or operational reasons outside of our control that prevent us from supplying the Foxtel Entitlement Service;

Foxtel Entitlement Services – Terms of Use – 12 December 2018 f. we are required to do so by law or to comply with (or manage our compliance with) a notice, order, direction or request of a regulator or emergency services organisation; or g. we are unable to obtain the necessary content licences from our content suppliers to justify our continued supply of a Foxtel Entitlement Service or have been directed to do so by a content supplier. 9.11. Unless the law says otherwise, Foxtel is not liable to you in respect of any loss or damage (including indirect or consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly as a result of your use of an Application and/or a Foxtel Entitlement Service including but not limited to, any loss that results from interference with or damage to your device. You will be responsible for all actions and omissions of any person who uses your Foxtel Entitlement Service. 9.12. The Foxtel Entitlement Services may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents. 9.13. These Terms are subject to change at the discretion of Foxtel and may be changed without prior notice or warning. 9.14. 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. 9.15. These Terms are governed by the laws of the State or Territory in which your residential home is located, if you subscribe to the Foxtel Service or the Foxtel from Telstra Service, or the billing address attached to your Foxtel Now Account, if you subscribe to the Foxtel Now Service.

Foxtel Entitlement Services – Terms of Use – 12 December 2018