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FreeviewPlus Terms of Use

 

What is FreeviewPlus™

  1. The FreeviewPlus™ service (FreeviewPlus™) is provided by Freeview Australia Limited ABN 72 130 448 510 (we, us, our and other similar expressions).  FreeviewPlus™ is made available to users (you, your and other similar expressions) on the following terms and conditions which govern your access to, and use of, the service.
  2. FreeviewPlus™ consists of the FreeviewPlus™ electronic program guide as well as additional smart features, software applications and services (FreeviewPlus Content).  FreeviewPlus™ also provides a portal through which you can access third party services, including various free-to-air television ‘catch-up’ services, from a single location (Third Party Services).

Accepting the terms

  1. By accessing and using FreeviewPlus™ you agree to be bound by the most current version of these Terms of Use published on FreeviewPlus™ and our website, located at www.freeview.com.au. We may update these Terms of Use from time to time, effective on publication, and you agree to periodically check Terms of Use published on FreeviewPlus™ and our website to ensure you understand the requirements of the current version of the Terms of Use.

Right to use FreeviewPlus™

  1. We grant you a limited, non-exclusive, royalty free, revocable right to access and use FreeviewPlus™ from within Australia for your own lawful, non-commercial purposes.

Ownership of FreeviewPlus Content

  1. All intellectual property rights, including patents, designs, trade marks, and copyright, in the FreeviewPlus Content are owned by or licensed to us.
  2. Your right to access and use FreeviewPlus™ does not confer any right to exploit or deal with FreeviewPlus Content and, in particular, you must not:

(a) use FreeviewPlus Content to provide a service to a third party (whether for a fee or otherwise);

(b) commercialise or exploit the FreeviewPlus Content in any way;

(c) copy, reproduce, publish, broadcast or communicate to the public the FreeviewPlus Content;

(d) decompile, reverse engineer, modify or make derivative works of all or part of the FreeviewPlus Content;

(e) remove, alter or obscure any notice, logo, trade mark or identifying mark from the FreeviewPlus Content;

(f) without our written permission, use or attempt to use the FreeviewPlus Content:

with any device that is not listed by us at /freeviewplus/products-manufacturers/

(i) as a supported device; or

(ii) by means of any software which has not been authorised by us in connection with a device referred to in clause 60.

(g) do or permit any further activity which we notify you is forbidden.

  1. You do not acquire any intellectual property rights, including patents, designs, trade marks, and copyright, in the software used in connection with FreeviewPlus™, you do not have a right to the source code of that software, and you must not tamper with that software.

Third Party Services

  1. FreeviewPlus™ provides a single portal through which you can access various Third Party Services.  The Third Party Services include the following free-to-air television ‘catch-up’ services:

    

  1. All rights, including intellectual property rights, in the Third Party Services are owned by the respective third party service providers or their licensors. Each Third Party Service is subject to its own terms and conditions of use, and by accessing and using a Third Party Service you agree that you have read and accept the terms and conditions that apply to that Third Party Service. 
  2. The availability of each Third Party Service is at the sole discretion of the third party service provider who provides that Third Party Service.  We are not responsible for, and make no guarantee as to the availability of, the Third Party Services.

Protection

  1. You must make your own precautions to ensure that the process which you use for accessing FreeviewPlus™ does not expose you or your equipment to the risk of viruses, malicious computer code or other forms of interference which may damage your equipment.
  2. We are not liable for any interference or damage to your equipment which arises in connection with your use of FreeviewPlus™.

Service availability

  1. While we intend to use reasonable endeavours to make FreeviewPlus™ available for your use on a ‘24 hours a day, seven days a week’ basis, you expressly acknowledge that service continuity is not assured and that FreeviewPlus™ is provided on an ‘as is’ and ‘as available’ basis. In particular, you agree that on occasions FreeviewPlus™ may be unavailable or have limited availability including:

(a) to permit routine or emergency maintenance, upgrades, or other development activity;

(b) due to technical malfunctions of your equipment or infrastructure (eg. telecommunications connectivity, network congestion or delays); or

(c) due to other events beyond our control.

  1. In the case of technical problems which adversely affect your use of FreeviewPlus™, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need technical help, you should notify us promptly by email to support@freeview.com.au

Modifying, suspending and terminating FreeviewPlus™

  1. We may add or remove functionality or features from FreeviewPlus™, and we may suspend or stop providing FreeviewPlus™ altogether at any time.  For example, we may temporarily limit or suspend the availability of all or part of FreeviewPlus™ if it is necessary for reasons of public safety, security or maintenance of FreeviewPlus™, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.  If we stop providing FreeviewPlus™ altogether we will give you reasonable notice.
  2. You can stop using FreeviewPlus™ at any time. 

Expenses and equipment

  1. While FreeviewPlus™ is made available by us for free, you will need a broadband internet connection to access and use FreeviewPlus™. FreeviewPlus™ is a metered service, which means the access and use of FreeviewPlus™ will count towards the data limit of your broadband plan.
  2. You are solely responsible for all expenses incurred in accessing FreeviewPlus™, including maintaining a broadband internet connection, and for the provision and maintenance of all necessary equipment.
  3. We are not responsible for any compatibility issues which you may have between your equipment and FreeviewPlus™.

Confidential information

  1. If you receive (or have received) any information about our business affairs or our technology or the processes used or implemented by us, you must keep that information confidential and may only use or disclose it:

(a) for the purpose of meeting your obligations or exercising your rights under these Terms of Use; or

(b) as required by law or in connection with legal proceedings.

The provisions of this clause continue after you stop using FreeviewPlus™ or termination of these Terms of Use.

Privacy

In order to provide you with certain products and services, including responding to your feedback and queries, we may collect and use personal information about you and others. Further information about our collection, storage, use and disclosure of personal information can be found in our Privacy Policy, located /privacy-policy/

  1. We may also collect, store, use and disclose other information relating to your use of FreeviewPlus™ on an anonymous basis.  For example, we may collect your postcode and IP address to enable us to provide you with the appropriate electronic program guide for your region. 

Limitation of liability

  1. Terms, conditions, warranties and guarantees implied by law, including the Australian Consumer Law, that cannot be executed, restricted or modified apply to these Terms of Use to the extent required by that law.
  2. We exclude all terms, conditions, warranties and guarantees which would otherwise be implied concerning the activities covered by these Terms of Use.
  3. To the extent permitted by law, our total liability to you for loss or damage of any kind, however caused, whether in contract, tort (including negligence), under statute or otherwise, arising from or related to your access and use of FreeviewPlus™ is limited to:

(a) re-supply of FreeviewPlus™; or

(b) payment of the cost of re-supply of FreeviewPlus™.

  1. You do not rely on any representation, warranty or other provision made by us, or on our behalf, which is not expressly stated in these Terms of Use. In particular, we make no warranty or representation that FreeviewPlus™ will always be available, accessible, secure, operate without error, or that FreeviewPlus™ will meet your requirements.
  2. We will have no liability to you if we modify, suspend or terminate your access to and use of FreeviewPlus™ under clause 15.

General

  1. These Terms of Use constitute the entire understanding between you and us and supersedes all previous and contemporaneous communications, representations, or agreements with respect to your access and use of FreeviewPlus™.
  2. If any provision of these Terms of Use is held to be unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use will continue in full force and effect.
  3. If we elect not to exercise or enforce any right, power, or privilege under these Terms of Use, this does not prevent is from later seeking to exercise of enforce that right, power or privilege.
  4. You must not assign, sub-license or otherwise transfer any of your rights and obligations under these Terms of Use to any other person.
  5. Each party must do everything reasonably required by the other to give full effect to these Terms of Use.
  6. These Terms of Use are governed by the laws of New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.
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