Effective 1st of July 2015
A - Information about this Agreement
This Agreement sets out the terms and conditions on which Foxtel Management Pty Limited (Foxtel) will provide you with, and you agree to receive, the Presto Service. The Presto Service includes Presto Movies, Presto TV, Presto Entertainment, as well as any other related products and/or services supplied by us and which you subscribe to or purchase. In this Agreement we, us, and our refers to Foxtel in its own right, as agent for the Foxtel Partnership (in respect of Presto Movies) and as agent for Presto TV Pty Limited (in respect of Presto TV), as described further below:
a) Presto Movies is supplied by Foxtel as agent for the Foxtel Partnership. The Foxtel Partnership means the partnership between Sky Cable Pty Limited and Telstra Media Pty Limited.
b) Presto TV is supplied by Foxtel as agent for Presto TV Pty Limited. Presto TV's shareholders are Foxtel and Seven Network (Operations) Limited (Seven) (together the Presto TV Shareholders).
c) Presto Entertainment is a bundled service comprising Presto Movies and Presto TV, each as explained above.
By using the Presto Service you agree to be bound by the terms and conditions of this Agreement. This Agreement supersedes any other agreement you may have made with Foxtel for any of the products and/or services included in the Presto Service.
- You can obtain a copy of the current version of this Agreement at any time by contacting us. A copy of the current version of this Agreement is also available on the Presto Website at www.presto.com.au.
- You can contact us by going to the Presto Website at www.presto.com.au.
- You may cancel your Presto Movies, Presto TV or Presto Entertainment subscription at any time by unsubscribing via your Presto Account at www.presto.com.au/account and the relevant subscription will be disconnected at the end of the current Subscription Period. Subject to your rights under the Australian Consumer Law, you may not receive a refund of any Subscription Fee or other amounts paid when you cancel your Presto Service including but not limited to where you cancel your Presto Service if you have changed your mind. You may reconnect your Presto Service at any time via your Presto Account on the Presto Website however you may no longer be eligible for discounts you were receiving previously.
B - Information about the Presto Service
- Foxtel will provide you with the Presto Service.
To subscribe to the Presto Service you must:
(a) be at least 18 years old;
(b) have a Device that is connected to the internet in the Territory. A list of compatible Devices may be found on the Presto Website at www.presto.com.au/devices;
(c) have a Presto Account linked to a valid Australian credit card with a billing address in the Territory; and
(d) have an internet connection with an effective line bandwidth of at least 3 Mbps.
- You must provide us with proof of your identity if we reasonably ask you to do so from time to time.
C - Accessing the Presto Service
- You must have a Presto Account linked to a valid Australian credit card with a billing address in the Territory to access the Presto Service. You can set up a Presto Account via the ‘Join Presto’ link on the Presto Website at www.presto.com.au/joinpresto.
- You can register up to 6 Devices to your Presto Service at any time. If you want to access your Presto Service on a new Device and you already have 6 Registered Devices, then you will need to remove the registration from one of those Registered Devices and then register the new Device. You can do this via your Presto Account on the Presto website at www.presto.com.au/account. You can only replace one Registered Device every 30 days. A list of compatible Devices may be found on the Presto Website at www.presto.com.au/devices.
- You must download and install the Presto Application from a Registered Device, before you can view your Presto Service on that Registered Device. You can only use a Registered Device to access the Presto Service via its own installed Presto Application.
- You can only use up to 3 of your Registered Devices to view your Presto Service at any one time. If you attempt to use more than 3 Registered Devices at any one time, Foxtel may deny you access to your Presto Service, or suspend or cancel your Presto Service.
- To be able to properly benefit from the Presto Service on a Registered Device, you will need an internet connection with an effective line bandwidth of at least 3 Mbps to view content in standard definition. High definition is available on selected Devices and is not available for all content. To view high definition content, you will require an effective line bandwidth of at least 5 Mbps. However, high definition availability varies depending on a number of factors, including but not limited to your location, Device, available bandwidth and/or speed of your internet connection.
- The Presto Service will be metered and you will be responsible for all costs and any other charges or expenses charged by your internet service provider in relation to your internet service and your use of the Presto Service. Please contact your internet service provider for details of costs and any download data limits.
- The Presto Service is provided to you using your broadband internet connection. As a result the quality and availability of the Presto Service may be affected from time to time by factors that are outside of our reasonable control, such as technical faults in the services or networks of a third party telecommunications provider and/or internet service provider. We will use our reasonable efforts to provide the Presto Service to you but if it is suspended, interrupted or not available for these reasons, we will not be responsible.
- The Presto Service is not the same across all Devices and the service you receive will depend on the Device you register. Details of the features and content available on your Devices may be found on the Presto Website at www.presto.com.au/devices.
- You are responsible for all hardware, systems and software applications that you download, install and/or operate to use the Presto Service (including, but not limited to, any hardware, systems and/or software necessary to access the internet).
D - Using the Presto Service
- You must follow our reasonable instructions about how you use the Presto Service. You must not use the Presto Service for any improper or unlawful purpose and you will not allow anyone else to do the same.
- You are not permitted to copy, record, reproduce, republish, post, broadcast, transmit or make any Presto Service content available to any other person or authorise or assist anyone else to do so, unless we permit you to do so.
- You must not attempt to circumvent digital rights management and anti-piracy measures that form part of the Presto Service.
- You can only view the Presto Service content for personal non-commercial purposes. You must not permit your Presto Service to be viewed in public areas or commercial premises.
- 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 Presto Service by you or any person you have allowed to use the Presto Service.
E - Protecting your Presto Account
- You will be asked to choose a username and password when you create your Presto Account. You will need your username and password to access the Presto Service. Your username and password are secret and personal to you and must not be disclosed to any third party in any circumstances.
- You are responsible for keeping your username and password secure and confidential and you must take all reasonable precautions to prevent them being used by someone else. If you know or suspect that your username or 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 any such username or password is changed as soon as possible.
- If we believe that there has been, or is likely to be, a breach of security of your username or password, we may suspend your username and password and require that it is changed and/or suspend or restrict your use of all or any part of the Presto Service.
F - Paying for the Presto Service
- You must pay to us a Subscription Fee for each month that you subscribe to the Presto Service (each such month being a Subscription Period). Details of pricing may be found in the Presto Pricing Guide on the Presto Website at www.presto.com.au/whatispresto. The prices set out in the Presto Pricing Guide include GST where applicable.
- Subscription Fees are paid in advance of each Subscription Period. Your first Subscription Period starts when you complete the verification process of your Presto Account for the Presto Service and pay your first Subscription Fee from the credit card you have assigned to your Presto Account.
- At the end of the first Subscription Period, we will automatically renew your subscription for the following Subscription Period and will deduct your Subscription Fee from the credit card you have assigned to your Presto Account. This process will continue for each of the following Subscription Periods until you tell us that you want to cancel the Presto Service. You must provide us with accurate and complete billing information and you must keep this information up to date. We will not send you an invoice but you can access one through your Presto Account.
- You may cancel your Presto Movies, Presto TV or Presto Entertainment subscription at any time by unsubscribing via your Presto Account at www.presto.com.au/account and the relevant subscription will be disconnected at the end of the current Subscription Period. Subject to your rights under the Australian Consumer Law, you may not receive a refund of any Subscription Fee or other amounts paid when you cancel your Presto Service. You may reconnect your Presto Service at any time via your Presto Account on the Presto Website however you may no longer be eligible for discounts you were receiving previously.
- We may increase your Subscription Fees at any time by giving you at least one calendar month's notice. We may also increase your Subscription Fees without notice if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Fees directly or our pricing structure directly (if this happens we will try to give you reasonable notice).
- We may alter the amount we deduct from your Presto Account if your Subscription Fees change in accordance with this Agreement. We may also deduct any other payment owed to us under this Agreement.
- If we are unable to collect your Subscription Fee or other charges due to us from you, we may immediately cancel or suspend the provision of all or any part of the Presto Service to you without giving you notice. This does not affect our right to cancel this Agreement under sections G1-G2 below.
G - Cancellation, Suspension or Restrictions of the Presto Service
We may cancel all or any part of this Agreement:
(a) with 7 days’ notice to you; or
(b) immediately as provided in section F7. Except as otherwise specified below, if we cancel this Agreement you will have access to the Presto Service for the remainder of the Subscription Period you have already paid for, but your subscription will not be automatically renewed.
We may immediately suspend or restrict your use of all or any part of the Presto Service:
(a) where reasonably necessary for technical or operational reasons;
(b) where we reasonably believe that the content provided on the Presto Service or Presto Application may no longer be secure, or is being used in breach of this Agreement or in a way inconsistent with the requirements of our content partners or licensors;
(c) if any payments you owe to us have not been paid within 30 days of their due date;
(d) if you breach any other terms of this Agreement; or
(e) if we consider that you have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the Presto Service.
H - Liability
- You will be responsible for all actions and omissions of any person who uses your Presto Service.
- 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 of the Presto Service. You may also be entitled to compensation for any reasonably foreseeable loss or damage caused by a failure of your Presto Service.
- 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, their and our respective related bodies corporate, 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 Presto Service to you or your use of the Presto Service, unless the loss, costs, expense, damage or other liability is caused by us, our Business Partners’, related bodies corporates', suppliers’, agents' or contractors' wilful default, negligence or breach of this Agreement or any law.
Subject to your rights under the Australian Consumer Law, or any other law, neither we nor our Business Partners or their and our respective related bodies corporate, suppliers, agents or contractors will be responsible to you or any other person in connection with:
(a) the ssuspension or restriction to the Presto Service in accordance with this Agreement or any interruption or delay to the Presto Service caused by matters outside our reasonable control;
(b) any errors, viruses or bugs present in or arising from your use of the Presto Service that are not reasonably foreseeable and directly caused by or attributable to us;
(c) any incompatibility of the Presto Service with any other software, hardware or material on your Registered Device;
(d) any damage to your property or your own equipment (for example, your Registered Device, your television, computer, video-recorder or DVD player, including any burn-in suffered to your television monitor) that is not reasonably foreseeable and directly caused by or attributable to us;
(e) any misuse or failure of the Presto Service caused by you or anyone else viewing or using the Presto Service;
(i) any loss you or any other person suffer as a result of: (ii) you or anyone else viewing or using the Presto Service; (iii) any misuse or unauthorised use of your login details or your Presto Account; (iv) your internet service provider; (v) any other cause where the cause is outside our reasonable control; (vi) our use of your internet connection; or
(f) your negligence or your failure to follow our reasonable instructions.
- To the extent permitted by law, including the Australian Consumer Law, we do not accept any liability for any content provided by third parties as part of the Presto Service or for any product or service advertised, promoted, offered or sold by third party service providers for use in connection with the Presto Service or otherwise. While we will make efforts to ensure that the information contained in or on the Presto Service is as accurate as possible, to the extent permitted by law, including the Australian Consumer Law, 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 Presto Service.
- You agree that we are not responsible in any way for any Consequential Loss arising out of or in connection with the Presto Service and/or this Agreement.
I - Intellectual Property Rights
- Your use of the Presto Service and the Presto Application is protected by intellectual property laws and this Agreement.
- Copyright, trade marks and all other intellectual property rights in all material, content or software supplied as part of the Presto 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 Presto Service only, in accordance with this Agreement.
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 the Presto Application or any material or content you obtain from the Presto Service;
(b) sell or make any charge for watching or using any part of the Presto Service; or
(c) show any part of the Presto Service in public to an audience, even if no charge is made.
- We may technically prevent or control the copying of any part of the Presto Service. Content owners (including Foxtel) use encryption technology (which may include Microsoft PlayReady™ content access technology) to protect their intellectual property, including copyrighted content. If the Presto Service encryption technology fails to protect the content, content partners or licensors may require us to restrict or prevent the delivery of certain protected content via the Presto Service to specified devices or software applications. In certain cases, you may be required to upgrade the encryption technology on your Registered Device, at your cost, to continue to access the Presto Service. If you decline such an upgrade, you will not be able to access content that requires the upgrade.
J - Information about the Presto Application and your Registered Device
K - Your Privacy and Personal Information
L - Classification of content on the Presto Service
- Content classifications will be displayed with each piece of applicable content available on the Presto Service. 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 Presto Service, you are responsible for making sure that the content is suitable for them and contains the appropriate classification.
- Access to all Age Restricted Content may be restricted by the parental control feature in the Presto Application on all Registered Devices. The parental control feature allows you to use a PIN to limit access to content with certain content classifications. You can manage the parental control feature settings by going to the ‘Help’ and ‘Settings’ tabs within the Presto Application on a Registered Device. The first time you access the parental control feature you will be asked to create a new PIN. This PIN will then apply on all of your Registered Devices. The PIN can be reset by you at any time via the parental control feature and those new settings will apply across all Registered Devices. We encourage you to keep your PIN safe and confidential and use it responsibly.
- When you set up your Presto Account on the Presto Website you are applying to access Age Restricted Content and you must provide a declaration that you are over 18 years of age. 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.
M - Promotion and Advertising
- Your dealings with, or participation in promotions by, any third party advertisers on or through the Presto 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 Presto Service.
N - Links to Third Party Sites
- The Presto 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.
O - Notices and Revisions
- If we give you any notice that is required under this Agreement, we shall give it to you by electronic communication (including via the Presto Website).
- 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 updates, amendments and corrections to your information by updating your contact information on your Presto Account.
P - General
- The Presto Service may vary from time to time. We may alter the content, presentation of and/or the facilities available, on the Presto Service from time to time without giving you notice. This includes altering the availability of, or withdrawing, any program and adding, withdrawing or changing any features or functionality of the Presto Service.
- We may upgrade the Presto Application at any time. You will be advised if you need to download the most recent version of the Presto Application in order to use the Presto Service.
- We can transfer any or all of our rights and/or 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.
- This Agreement is personal to you and no third party is entitled to benefit under this Agreement.
- 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.
- This Agreement is governed by the laws of the State or Territory of the billing address attached to your Presto Account.
Q - Definitions
- Some words in this Agreement have a special meaning and are explained below.
- Age Restricted Content means content which is rated “MA 15+” or “R 18+”.
- Agreement means the agreement between you and us authorising you to receive the Presto Service which is made up of these terms and conditions as varied from time to time, as more particularly described in section A2.
- Application means the form you complete when you create your Presto Account that asks us to provide the Presto Service to you.
- Business Partners means Telstra Corporation Limited, The News Corporation Limited (or any of their related bodies corporate), Foxtel Management Pty Limited, the Foxtel Partnership, Telstra Pay TV Pty Limited, Presto TV Pty Limited, the Presto TV Shareholders (or any of their related bodies corporate) and other entities that we, or the Foxtel Partnership, may undertake joint-ventures with relating to all or any part of the Presto Service.
- Consequential Loss means any loss that is not a reasonably foreseeable result of the relevant breach, including a breach of the consumer guarantees under the Australian Consumer Law.
- Device means a Foxtel authorised internet connected device that may be used by you to receive the Presto Service. These devices may be changed by us from time to time. A list of Foxtel authorised devices may be found on the Presto Website at www.presto.com.au/devices.
- Foxtel means Foxtel Management Pty Limited.
- Foxtel Partners means News Australia Pty Limited and Telstra Media Pty Limited.
- Foxtel Partnership means the partnership between Sky Cable Pty Limited and Telstra Media Pty Limited.
- Presto Account means your account with us to receive the Presto Service, which you have set up via ‘My Account’ on the Presto Website.
- Presto Application means the software application installed on your Registered Device to manage and view the Presto Service.
- Presto Entertainment means your subscription to Presto Entertainment, a bundled service that includes Presto Movies and Presto TV.
- Presto Movies means your subscription to Presto Movies.
- Presto Pricing Guide means the Presto Service price guide, as varied from time to time.
- Presto Service means the products and/or services supplied by Foxtel and which you purchase, subscribe to, or use, including Presto Movies, Presto TV and Presto Entertainment.
- Presto TV means your subscription to Presto TV.
- Presto TV Shareholders means, the shareholders of Presto TV Pty Limited, which at the time of this Agreement, are Foxtel and Seven.
- Presto Website means the website available at www.presto.com.au.
- Registered Device means a Device that has been registered by you to a Presto Account.
- Seven means Seven Network (Operations) Limited.
- Subscription Fee means the monthly subscription fee that you must pay for the delivery of the Presto Service you subscribe to, as it varies from time to time. Details of pricing may be found in the Presto Pricing Guide on the Presto Website at www.presto.com.au/whatispresto.
- Subscription Period means the monthly subscription period explained in section F1.
- Territory means Australia and its external territories where the Presto Service is available.
- Viewing Habits Data means information relating to programming or advertising or other services viewed, used or accessed by you or on a Registered Device via the Presto Service.