Foxtel GO App Being the Streaming and Catch-Up IPTV Service Known As Foxtel GO; and B
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Foxtel Entitlement Services - Terms of Use (“Terms”) Effective – 17 September 2019 1. Foxtel 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 Cable Television 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 Telstra Service. (each a “Foxtel Service”, together the “Foxtel Services”). The Foxtel Kids Service 2.3. While we continue to Develop our Foxtel Entitlement Services, there may be some customers who continue to access the legacy app, the Foxtel Kids Service. The Foxtel Kids Service will no longer be part of the kids programming pack maDe available as part of a Foxtel Service, and its Application will no longer be available to DownloaD from 17 September 2019. For those Foxtel Entitlement Services – Terms of Use – 17 September 2019 customers who have access to the Kids Service prior to 17 September 2019, these terms govern use of that Application, until it is decommissioneD for all customers anD removed from service in full on 31 January 2020. 2.4. 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 c. a Foxtel from Telstra Service, and d. you subscribe to the relevant kiDs package made available as part of that Foxtel Service, and e. you had access to the Foxtel KiDs Service Application on your device when it was removed for download on 17 September 2019. 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). To the extent of any inconsistency with these terms, your applicable Foxtel subscription terms will prevail. 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. 3. Access to the Foxtel Entitlement Services You must have an active Foxtel ID that is linked to a Foxtel Service to access and use the associateD Foxtel Entitlement Service 3.1. Subject to clause 5.8, access to content may be restricted by the parental control feature in the Foxtel Entitlement Service on all Registered Devices. Please see the Foxtel website for further information on how to use the parental control feature. Foxtel Entitlement Services – Terms of Use – 17 September 2019 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: Chromecast Devices constitute one Device stream each, where you perform a play and then cast on the mobile or tablet screen. 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. 3.5. Foxtel may deny you access to your Foxtel Entitlement Service, or suspend or cancel your Foxtel Entitlement Service, if you attempt to register and/or de-register an unreasonable number of devices in one day, or use more than two (2) concurrent streams at any one time. 4. Downloading an Application and Connectivity Requirements Foxtel Entitlement Services – Terms of Use – 17 September 2019 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. 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 jailbroken 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. a. You are responsible for all costs charged by your internet service provider in relation to your internet service and your use of your Foxtel Entitlement Service. Please contact your internet service provider for details. 4.5. 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. 4.6. You are responsible for all hardware, systems and software applications that you download, install anD/or operate to use a Foxtel Entitlement Service (including, but not limited to, any hardware, systems and/or software necessary to access the internet). 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 on demand 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. Foxtel Entitlement Services – Terms of Use – 17 September 2019 5.3. 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.