NOW SERVICE – TERMS & CONDITIONS Effective 17 September 2019 1. Information about this Agreement 1.1 This Agreement sets out the terms and conditions on which Foxtel will provide you with, and you agree to receive, the Foxtel Now Service. By using the Foxtel Now Service you agree to be bound by the terms and conditions of this Agreement. References to “we”, “us” or “our” in this Agreement will be read as references to Foxtel. 1.2 We may change any term of this Agreement at any time and will give you 21 days’ notice of any such change. 2 Information about the Foxtel Now Service 2.1 You must take the Entry Pack to access the Foxtel Now Service. You may elect to take other programming packs for an additional Service Fee. 2.2 You are entitled to use the Foxtel Kids Service if you take the kids programming pack (subject to the Foxtel Entitlement Services – Terms of Use). Note: the Foxtel Kids Service will no longer be part of the kids programming pack and its Application will no longer be available to download from 17 September 2019. For those customers who have access to the Kids Service prior to 17 September 2019, the Foxtel Entitlement Services – Terms of Use will continue to govern use of that Application, until it is decommissioned for all customers and removed from service in full on 31 January 2020.2.3 To join the Foxtel Now Service you must:

• be at least 18 years old; • have a compatible Primary Device that is connected to the internet in the Territory. A list of compatible Devices may be found on the Foxtel Website; and • have a Foxtel Now Account linked to a valid Australian credit card with a billing address in the Territory.

2.4 You will provide us with proof of your identity if we reasonably ask you to do so from time to time. 2.5 When we are not able to provide certain content on the Foxtel Now Service, we will black-out the program from the Foxtel Now Service and in some instances may provide alternative programming. We will try to minimise the level of black-outs, which will vary depending on the channel. 3 Accessing the Foxtel Now Service 3.1 You must have a Registered Device to use the Foxtel Now Service. You can register up to five (5) Devices on your Foxtel Now Service at any time. If you want to access your Foxtel Now Service on a new Device and you already have five (5) Registered Devices, then you will need to remove the registration from one (1) of those Registered Devices and then register the new Device, provided that there is at least one (1) Primary Device registered at any time. You can do this via your Foxtel Now Account. 3.2 Except for a stream, you can only use a Registered Device to access the Foxtel Now Service via its own downloaded and installed Foxtel Now Application. 3.3 You can only use up to two (2) of your Registered Devices to view your Foxtel Now Service at any one time (concurrent streams). This includes your use of any Foxtel Now Application on any Registered Device, and includes streaming the Foxtel Now Service via the Foxtel Go App. 3.4 Foxtel may deny you access to your Foxtel Now Service, or suspend or cancel your Foxtel Now 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. 3.5 You are responsible for all costs charged by your internet service provider in relation to your internet service and your use of the Foxtel Now Service. Please contact your internet service provider for details. 3.6 The Foxtel Now Service is provided to you using your internet connection. The quality and availability of the Foxtel Now Service may be affected from time to time by factors that are outside of our reasonable control, such as technical faults in the network of your internet service provider. We are not responsible for your Foxtel Now Service being suspended, interrupted or not available for these reasons. 3.7 Due to technical reasons, the Foxtel Now Service may not be the same across all Devices and the service you receive (including the content) will depend on the Device you register. 3.8 You are responsible for all hardware, systems and software applications that you download, install and/or operate to use the Foxtel Now Service (including, but not limited to, any hardware, systems and/or software necessary to access the internet). 3.9 The Foxtel Now Application will not be available for download on any jailbroken device. 4 Using the Foxtel Now Service 4.1 You must follow our reasonable instructions about how you use the Foxtel Now Service. You must not use the Foxtel Now Service for any improper or unlawful purpose and you must not allow anyone else to do the same. 4.2 You are not permitted to copy, record, reproduce, republish, post, broadcast, transmit or make any of the Foxtel Now Service content available to any other person or authorise or assist anyone else to do so, unless we permit you to do so. 4.3 You can only view the Foxtel Now Service content for personal non-commercial purposes. You must not permit your Foxtel Now Service to be viewed in public areas or commercial premises. 4.4 You must not permit another person (other than a member of your household) to use your Foxtel Now Service. 4.5 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the Foxtel Now Service by you or anyone you have allowed to use the Foxtel Now Service.

4.6 We may upgrade the Foxtel Now Service at any time. For the best experience you must ensure that your operating system and Foxtel Now Application is updated to the latest version. Each release of a Foxtel Now 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.5 Protecting your Foxtel Now Account 5.1 You will be asked to provide your email address and choose a password when you create your Foxtel Now Account. You will need these to access the Foxtel Now Service. 5.2 You are responsible for keeping your password secure and confidential and you must take all reasonable precautions to prevent it being used by someone else. If you know or suspect that your password has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that your password is changed as soon as possible. 5.3 If we believe that there has been, or is likely to be, a breach of security of your password, we may require that your password be changed and/or suspend or restrict your use of all or any part of the Foxtel Now Service. 6 Paying for the Foxtel Now Service 6.1 You must pay to us a Service Fee for each month that you subscribe to the Foxtel Now Service (each such month being a Service Period). The price for the Foxtel Now Service will depend on the programming packs you choose. Details of pricing may be found in the Foxtel Now Pricing Guide on the Foxtel Website. 6.2 Service Fees are paid in advance of each Service Period. Your first Service Period starts when you initially sign up to the Foxtel Now Service and pay your first Service Fee from the credit card you have assigned to your Foxtel Now Services Account. If you are eligible for a trial period, then your first Service Period starts the date after the trial period ends. 6.3 At the end of each Service Period, we will automatically renew your membership for the following Service Period and will deduct your Service Fee from the credit card you have assigned to your Foxtel Now Account. This process will continue for each of the following Service Periods (unless you tell us that you want to cancel the Foxtel Now Service as set out in clause 7). We will not send you an invoice but you can access one through your Foxtel Now Account. 6.4 We may change your Service Fees at any time by giving you at least 21 days' notice. We may also change your Service Fees without notice if required by law or if any regulatory authority requests or requires a change to any part of our pricing which affects your Service Fees directly or our pricing structure directly (if this happens we will try to give you reasonable notice). 6.5 We may alter the amount we deduct from your Foxtel Now Account if your Service Fees change in accordance with this Agreement. 7 Changing, Cancelling, Suspending or Restricting the Foxtel Now Service 7.1 We may change the Foxtel Now Service, including changing the packaging, altering the content, presentation of and/or features available on the Foxtel Now Service from time to time without giving you notice. If we make a change that has a material detrimental impact to the Foxtel Now Service, we will provide you with 21 days’ notice prior to making that change. If we do make changes, we will continue to supply you with the new Foxtel Now Service for which you are eligible and that (in our opinion) provides you with the most equivalent service to the one that you were taking immediately prior to the change. If we do change the Foxtel Now Service, you may also cancel your membership in accordance with this section 7.

7.2 You can change your programming packs at any time via your Foxtel Now Account however you must always subscribe to the Entry Pack. If you add additional programming packs during a Service Period then the change will take effect immediately and we will apply any applicable extra charges for that period to your next Service Fee on a pro-rata basis and thereafter in advance like all other Service Fees. If you remove a programming pack during a Service Period then the change will take effect immediately and we will provide a refund of any amounts already paid for that period in your next Service Fee on a pro-rata basis.

7.3 We may immediately suspend or restrict your use of all or any of the Foxtel Now Service in the following circumstances: • where reasonably necessary for technical or operational reasons; • where we have been directed to by a content provider; • where we reasonably believe that the content provided to your Foxtel Now Service or Foxtel Now Application may no longer be secure, or is being used in breach of this Agreement or in any way inconsistent with the requirements of our content or equipment providers or licensors; • if any payments owed to us have not been paid by their due date; • if you breach any other terms of this Agreement or any other agreements you entered into with Foxtel or its agents for the provision of your Foxtel Now Service; • if we consider that you have committed or may be committing any unlawful or fraudulent activity against us or against any other person or organisation through your or their use of the Foxtel Now Service; or • where 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.

7.4 We may cancel this Agreement at any time and will provide you with reasonable notice prior to cancellation. Except as if clause 7.3 applies, if we cancel this Agreement you will have access to the Foxtel Now Service for the remainder of the Service Period you have already paid for, but your membership will not automatically be renewed. 7.5 We may stop offering the Foxtel Now Service at any time without your permission and without notice. We will provide you with as much prior notice as possible, however if we change, remove or stop supplying the Foxtel Now Service to you for any reason, we (or any member of the Foxtel Group) may continue to supply you on a month-to-month basis, with another similar product or service for which you are eligible and that (in our opinion) provides you with the best value for money. If you do not like the new product or service, you can change it or cancel in accordance with this Agreement.

7.6 You may cancel your Foxtel Now Service at any time by notifying us and the Foxtel Now Service will be disconnected at the end of the current Service Period (or at the end of any trial period, if applicable). You may reconnect your Foxtel Now Service at any time via your Foxtel Now Account on the Foxtel Website however you may no longer be eligible for any trial or discounts you were receiving previously. 8 Terms specific to customers who receive legacy Foxtel Now Services 8.1 While we continue to develop the Foxtel Now Service, there may be some existing customers who continue to access the older (or legacy) versions of the Foxtel Now Service (previously known as Foxtel Play) via older Devices.

8.2 These customers will still be able to access the most recent version of the Foxtel Now Service via the Foxtel Now Application on current compatible Devices but may continue to view the legacy user interface if accessing the service via an older Device.

8.3 In addition, there may be some technical limitations for customers who chose to access the Foxtel Now Service via older Devices. These limitations include the inability to use trick play functionality (such as pause, rewind, fast forward etc) on streamed programs and the unavailability of HD on all Devices. Foxtel will also not be providing technical support or software updates to the service on older Devices.

9. Liability 9.1 You will be responsible for all actions and omissions of any person who uses your Foxtel Now Service. 9.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. Our services provided to you under this Agreement come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You may be entitled to a resupply or refund for a major failure and for compensation for any other loss or damage it causes. 9.3 Apart from any rights you have that cannot be lawfully excluded, we do not make any promises or assurances to you about the Foxtel Now Service and/or this Agreement. To the maximum extent permitted by law, all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Foxtel Now Service or otherwise in connection with this Agreement are expressly excluded. 9.4 In addition to any rights against you that we may have under this Agreement, you will be liable to us and must keep us, our Business Partners, related companies, suppliers, agents and contractors indemnified against any loss, cost, expenses, damage or other liability (including legal costs on a solicitor/client basis) arising out of any claim or demand against us by you or any person other than you, which arises from or is connected with our supply or removal of the Foxtel Now Service to you or your use of the Foxtel Now Service, unless the loss, costs, expense, damage or other liability is caused by our, our Business Partners’, related companies’, suppliers’, agent’s or contractor’s wilful default, negligence or breach of this Agreement or any law. 9.5 Unless the law says otherwise, neither we nor our Business Partners, Related Companies, suppliers, agents or contractors will be responsible to you or any other person in connection with:

• the suspension or restriction to the Foxtel Now Service in accordance with this Agreement or any interruption or delay to the Foxtel Now Service caused by matters outside our reasonable control; • any errors, viruses or bugs present in or arising from your use of the Foxtel Now Service that are not directly caused by or attributable to us; • any incompatibility of the Foxtel Now Service with any other software, hardware or material on your Registered Devices; • any damage to your property or your own equipment (for example, your Registered Devices, your television, computer, video-recorder or DVD • player, including any burn-in suffered to your television monitor); • any misuse or failure of the Foxtel Now Service caused by you or anyone else viewing or using the Foxtel Now Service; • any loss you or any other person suffer as a result of: o you or anyone else viewing or using the Foxtel Now Service; o any misuse or unauthorised use of your login details or your Foxtel Streaming Account; o your internet service provider; o any other cause where the cause is outside our reasonable control; o use of your internet connection; or o your negligence or your failure to follow our reasonable instructions. 9.6 We do not accept any liability for any content provided by third parties as part of the Foxtel Now Service or for any product or service advertised, promoted, offered or sold by third party service providers for use in connection with the Foxtel Now Service or otherwise. While we will make efforts to ensure that the information contained in or on the Foxtel Now Service is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Foxtel Now Service. 9.7 If we are responsible to you then, to the maximum extent permitted by law, you agree that we are not responsible in any way for any indirect or consequential loss arising out of or in connection with the Foxtel Now Service and/or this Agreement. 10 Intellectual Property Rights 10.1 Your use of the Foxtel Now Service and the Foxtel Now Application is protected by intellectual property laws and this Agreement. 10.2 Copyright, trade marks and all other intellectual property rights in all material, content or software supplied as part of the Foxtel Now Service will remain ours or, where applicable, our content partners or licensors. We grant you a licence to use such rights for your personal use of the Foxtel Now Service only, in accordance with this Agreement. 10.3 You will not, and you will not assist, facilitate or authorise any third party to:

• copy, transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially • exploit the Foxtel Now Application or any material or content you obtain from the Foxtel Now Service; • sell or make any charge for watching or using any part of the Foxtel Now Service; or • show any part of the Foxtel Now Service in public to an audience, even if no charge is made.

10.4 Content owners (including Foxtel) use content access technologies to protect their intellectual property, including copyrighted content. The Foxtel Now Service uses Microsoft PlayReady™, Google, Widevine and Apple Fairplay content access technologies to protect certain content. If the relevant technology fails to protect the content, content owners may require the Foxtel Now Service to restrict or prevent the delivery of protected content to specified devices or software applications. In certain cases, you may be required to upgrade the content access technology to continue to access the Foxtel Now Service. If you decline such an upgrade, you will not be able to access content that requires the upgrade. 10.5 The Foxtel Now Application contains technology subject to certain intellectual property rights of the copyright owner of the relevant technology (e.g. Microsoft, Apple or Google). Use or distribution of this technology outside of the Foxtel Now Application is prohibited without the appropriate license from the applicable owner of the intellectual property rights. 11 Privacy and Data 11.1 By entering into this Agreement, you consent to us collecting, using and disclosing your Personal Information on the terms of Foxtel’s Privacy Policy and Privacy Notice. For the purposes of clause 7.5, Foxtel may collect, use and disclose your Personal Information to any member of the Foxtel Group. 11.2 The Foxtel Now Application will send information about itself and your Registered Device (including in relation to usage) to us. The information we collect includes your Registered Device unique device number or Foxtel Now Application number, the internet protocol address of your Registered Device, and information derived from the hardware configuration of it used to identify your Registered Device, to validate your right to use the Foxtel Now Service, and so that we can report on and improve the Foxtel Now Service. By using the Foxtel Now Application, you consent to the transmission of this information. 12 Content Classification 12.1 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 Now Service, you are responsible for making sure that the content is suitable for them. 12.2 Access to all Restricted Content may be restricted by the parental control feature in the Foxtel Now Application on all Registered Devices. Please see the Foxtel Website for further information on how to use the parental control feature. 12.3 When you set up your Foxtel Now Account, you are applying to access Restricted Content and you must provide a declaration that you are over 18 years of age in order to access such Restricted Content. You are responsible for ensuring that only persons over 15 years of age are authorised to view MA15+ content and persons aged over 18 years of age are authorised to view R18+ content on any of your Registered Devices. 13 Promotion and Advertising 13.1 Your dealings with, or participation in promotions by, any third party advertisers on or through the Foxtel Now Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Foxtel Now Service. 14 Links to Third Party Sites 14.1 The Foxtel Now Service 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. 15 Notices and Revisions 15.1 If we give you any notice that is required under this Agreement, we shall give it to you by electronic communication (including via the Foxtel Website). 15.2 We will send notices to you using the contact details you have given us. You must provide us with accurate, true and correct contact details and you must keep this information up to date. Please ensure you notify us of any changes to your information by contacting us on 131 999 or by updating your contact information on your Foxtel Now Account. 16 General 16.1 We can transfer our rights and obligations under this Agreement to any company, firm or person. We can only do this if it does not affect your rights under this Agreement. You may not transfer your rights or obligations under this Agreement to anyone else, without our consent. 16.2 This Agreement is personal to you and no third party is entitled to benefit under this Agreement. 16.3 All or any part of any term of this Agreement 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. 16.4 This Agreement is governed by the laws of the State or Territory of the billing address attached to your Foxtel Now Account. 17 Definitions Some words in this Agreement have a special meaning and are explained below. Agreement means the agreement between you and us authorising you to receive the Foxtel Now Service which is made up of these terms and conditions as varied from time to time, as well as your initial login details, the Foxtel Now Pricing Guide, the terms and conditions applicable to any offer you have selected, as well the Foxtel Website Terms of Use and Foxtel’s Privacy Policy. Business Partners means Corporation Limited, The News Corporation Limited (or any of their subsidiaries or affiliates), Foxtel Management Pty Limited, the Foxtel Partnership and Telstra Pay TV Pty Limited. Chromecast means any device known as ‘Chromecast’ produced by Google. Device means a Foxtel authorised internet connected device that may be used by you to receive the Foxtel Now Service. These devices may be changed by us from time to time and we will provide as much reasonable notice as we can in the circumstances. A list of Foxtel authorised devices may be found on the Foxtel Website. Entry Pack means the entry level programming pack as set out on the Foxtel Website that all Foxtel Now subscribers must take in order to receive the Foxtel Now Service. Foxtel means Foxtel Pty Limited, its agents and contractors. Foxtel GO App means the streaming and catch-up IPTV service known as Foxtel GO which Foxtel Now Service subscribers may install on mobile and tablet devices to access the Foxtel Now Service. Foxtel Group means any subsidiary of Foxtel, the Foxtel Television Partnership, the Foxtel Partnership, NXE Australia Pty Ltd, Customer Services Pty Ltd, Streamotion Pty Limited and Foxtel Management Pty Ltd. Foxtel Kids Service means the entitlement service made available via a separate mobile or tablet application and available to customers who subscribe to the kids programming pack Foxtel Partnership means the partnership between Sky Cable Pty Limited and Telstra Media Pty Limited. Foxtel Now Account means your account with us to receive the Foxtel Now Service, which you have set up on the Foxtel Website. Account number means the number assigned to your Foxtel Now Account. Foxtel Now Application means the software application installed on your Registered Device to manage and view the Foxtel Now Service. This includes the Foxtel Go App for use of the Foxtel Now Service on mobile and tablet devices. Foxtel Now Pricing Guide means the Foxtel Now price guide, as varied from time to time. Details of pricing may be found on the Foxtel Website Foxtel Now Service means the subscription video and streaming service, as amended from time to time and made available to customers with access to programming packs to view on compatible Devices. Foxtel Website means the website accessed at www.foxtelnow.com.au. Primary Device means a Device to which you are able to download and install the Foxtel Now Application. Privacy Notice means our privacy policy (found on the Foxtel Website) which explains how we and any member of our group of companies may collect, use and protect your information. Registered Device means a Device that has been registered by you to a Foxtel Now Account. Restricted Content means content which is rated “MA 15+” or “R 18+”. Service Fee means the monthly fee that you must pay for the delivery of the Foxtel Now Service you subscribe to, as it varies from time to time. Details of pricing may be found in the Foxtel Now Pricing Guide on the Foxtel Website. Service Period means the monthly period explained in section 6.1. Territory means Australia and its external territories where the Foxtel cable and service is available.