Terms and Conditions
PT Entertainment Pty Ltd trading as BarTV Sports
Terms and Conditions
Information about these Terms
1. PT Entertainment Pty Limited, is the operator of BarTV Sports
2. Users of a BarTV Sports Service (users or you) agree to be bound by these terms and conditions (Terms). These Terms apply to each BarTV Sports Service you subscribe to and your use of, and access to, a BarTV Sports Service indicates your acceptance of these Terms (and any changes to them).
3. These Terms and any Subscription Fee are subject to change by PT Entertainment on 21 days’ notice to you. If any change to these Terms or a Subscription Fee has a detrimental impact to you, you may cancel your subscription to the BarTV Sports Service and any additional fees refunded.
4. The BarTV Sports Services, including content that is made available to watch via the BarTV Sports , is updated regularly and may change from time to time.
Accessing a BarTV Sports Service
5. To join a BarTV Sports Service you must be at least 18 years old and you must register or hold a BarTV Sports account..
6. Users of a BarTV Sports Service are responsible for all costs arising from the use of the BarTV Sports Service including, without limitation, all subscription, browsing/data charges and internet costs. Subscription Fees do not include data costs that are dependent on how much and how you download content and your agreement with your provider. Please contact your ISP or carrier network provider about these costs.
7. You must ensure, before you subscribe to a BarTV Sports Service, that your internet connection speed is appropriate for streaming audio-visual content and that your personal computer, tablet, mobile devices, operating system and any other associated connected equipment or property (including your television) are compatible and satisfy all other technical requirements.
8. The number of concurrent streams you can use across your devices to view a BarTV Sports Service at any one time (concurrent streams) will depend on your Subscription Plan and you cannot use more than the stated number of concurrent streams.
9. A BarTV Sports Service (or a particular Subscription Plan) may implement a limit on the number of devices that may be registered to your account at any one time. BarTV Sports may monitor the number of devices registered to a BarTV Sports account in order to prevent account sharing.
Subscriptions and fees
11. You can subscribe to a BarTV Sports Service by purchasing a subscription plan for a BarTV Sports Service (Subscription Plan) for a specified Subscription Period displayed at the time of purchase (Subscription Period) via a BarTV Sports Service website, application or via BarTV Sports approved third party retailers.
12. The price for each Subscription Plan will be displayed at the time of purchase including, where applicable, any introductory pricing for a specified period (Subscription Fee). You must pay the Subscription Fee in advance of each Subscription Period.
13. We may change your Subscription Fee at any time by giving at least 21 days' notice to you. We may also change your Subscription Fee without notice if required by law, or if any regulatory authority requests or requires a change to any part of our pricing which directly affects your Subscription Fee or our pricing structure (if this happens we will use best endeavours to give you reasonable notice).
Auto-renewal and cancellation
14. Your Subscription Plan will automatically renew at the end of each Subscription Period for a further Subscription Period, unless you cancel your Subscription Plan. You may cancel your Subscription Plan through your BarTV Sports account at any time prior to your renewal date. If you do not cancel by the relevant time we will automatically renew your membership and your nominated account/credit card will be charged for the next Subscription Period.
15. Cancellation of your auto-renewal will only be effective at the end of the current Subscription Period and you will continue to have access to the BarTV Sports Service until the end of the relevant Subscription Period. No pro-rata refunds will be provided to customers that cancel during a Subscription Period.
Manage your Subscription Plan
16. If you subscribe to a BarTV Sports Service and you wish to change your Subscription Plan, you can manage your Subscription Plan through your BarTV Sports account.
Free trials and promotions
17. BarTV Sports may offer free trial periods to a BarTV Sports Service from time to time. During a free trial period, you will not be required to pay any Subscription Fee. Please note that your credit card may be charged a small nominal amount to verify your credit card but this verification charge will be refunded without you needing to take any further action. You may cancel your free trial subscription, in accordance with clause 15. If you do not cancel your free trial subscription, you will be charged the Subscription Fee in accordance with the Subscription Plan that you selected during your initial registration for the free trial.
18. BarTV Sports may also offer other promotional discounts or benefits (Promotions). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion or free trial at our discretion for the purposes of preventing abuse of the Promotion or free trial. Promotions and free trials may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms.
Credits / refunds / vouchers
19. If you are eligible for a credit or refund, or redeem a BarTV Sports Service gift card, the credit will apply to your BarTV Sports account and, if you subscribe to multiple BarTV Sports Services, it will be applied to the next BarTV Sports Service for which you are billed.
20. If you are eligible for a BarTV Sports Service voucher, the voucher will be applied to that BarTV Sports Service.
Permitted Use of a BarTV Sports Service
21. You must follow our reasonable instructions about how you use the BarTV Sports Services. You must not use a BarTV Sports Service for any improper or unlawful purpose and you must not allow anyone else to do the same.
22. You must not circumvent, disable or otherwise interfere with security-related features of the Service or any features which prevent or restrict the use, distribution or copying of a BarTV Sports Service or any content within a BarTV Sports Service. You must not alter or modify the content or BarTV Sports Service in any way.
23. You can only view BarTV Sports content for personal, non-commercial purposes and you must not permit the BarTV Sports Service to be viewed in public areas of commercial premises.
24. You are not permitted to copy, record, reproduce, republish, post, broadcast, upload, communicate or make any of the content of a BarTV Sports Service available to any other person or authorise or assist anyone else to do so, unless we permit you to do so.
25. You must not permit another person (other than a member of your household) to use your BarTV Sports Service.
26. You are solely responsible and liable for activity that occurs on your BarTV Sports account and you are responsible for maintaining the confidentiality of your password and BarTV Sports account details.
27. You are responsible for keeping your BarTV Sports account passwords secure and confidential and you must not permit another person (other than a member of your household) to use your BarTV Sports account password to access and use a BarTV Sports Service. 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.
28. If we reasonably believe that there has been, or is likely to be, a breach of security of your password, we may block or reset your password and require you to reset your password.
Suspension and cancellation
29. PT Entertainment may cancel a BarTV Sports Service at any time and will provide you with reasonable notice prior to cancellation. Where cancellation by us is due to your breach of our Terms, we are under no obligation to provide any refund or provide notice.
30. You may notify us that you wish to cancel as a result of us changing these Terms, a Subscription Fee or a BarTV Sports Service in a way that has a detrimental effect on you. If you do so, your cancellation will be effective as of the date of the change or your notice to us, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
31. BarTV Sports may suspend or restrict your use of or access to all or any of a BarTV Sports Service in the following circumstances:
a) where necessary for technical or operational reasons;
b) where we have been directed to by a content provider;
c) if any payments owed to us have not been paid by the due date;
d) if you breach this Agreement and if the breach is able to be remedied, you do not remedy the breach within a reasonable period of receiving notice from us requiring you to do so;
e) if we consider on reasonable grounds that you, or someone else using your BarTV Sports account, have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of a BarTV Sports Service;
f) we believe on reasonable grounds that you have caused genuine distress to, or have exhibited inappropriate behaviour towards any of BarTV Sports's employees, agents or contractors, including but not limited to behaviour that is harassing, indecent, abusive and/or offensive;
g) we believe on reasonable grounds that you have made multiple complaints without a reasonable basis for doing so and you continue to make such complaints after we have made reasonable efforts to notify you to stop; or
h) 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, one of our content suppliers or an emergency services organisation.
Intellectual Property Rights
32. Copyright, trademarks and intellectual property rights in all material, content or software supplied as part of the BarTV Sports Service, other than User Generated Material (defined below), are owned by BarTV Sports or where applicable its licensors, content partners or advertisers, and users obtain no interest in those rights. We grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited licence to use such rights for your personal use of the BarTV Sports Service only, in accordance with these Terms.
33. Except for the foregoing limited license, no right, title or interest in any material, content or software supplied as part of a BarTV Sports Service shall be deemed transferred to you, and there shall be only a limited licence and not a sale with respect to any material, content or software supplied as part of a BarTV Sports Service.
34. All content on a BarTV Sports Service is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or intellectual property rights in the content of the BarTV Sports Service.
35. You will not, and you will not assist, facilitate or authorise any third party to:
a) copy, transfer, publish, rent, reproduce, record, upload, communicate, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit a BarTV Sports Service or any material or content you obtain from a BarTV Sports Service;
b) sell or make any charge for watching or using any part of a BarTV Sports Service; or
c) show any part of a BarTV Sports Service in public to an audience, even if no charge is made.
36. Content owners (including BarTV Sports) use content access technologies to protect their intellectual property, including copyrighted content. If the access technology fails to protect the content, content owners may require BarTV Sports 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 BarTV Sports Service. If you decline such an upgrade, you will not be able to access content that requires the upgrade.
37. The BarTV Sports Services 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 a BarTV Sports Service is prohibited without the appropriate license from the applicable owner of the intellectual property rights.
Third party content
38. The BarTV Sports Services may include third party content. As BarTV Sports has no control over such content, you acknowledge and agree that BarTV Sports is not responsible for the availability of the third party content and that BarTV Sports neither endorses nor is responsible for any such content, including advertising, products or other materials. BarTV Sports 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 a BarTV Sports Service.
User Generated Material
39. A BarTV Sports Service may contain facilities (including facilities provided via social media sites such as Twitter and Facebook) that enable users to interact with other users and post and/or upload or communicate content (including text, audio, video and photographs) (User Generated Material).
40. You are responsible for any User Generated Material that you post, upload, communicate or otherwise make available via a BarTV Sports Service. You must not post, upload, communicate or otherwise make available User Generated Material:
a) which is abusive, defamatory, obscene, profane or vulgar;
b) which is likely to offend, insult, humiliate or intimidate others based on nationality, gender, age, race, religion, sexual orientation, or any disability;
c) which is not your original work, or which violates or infringes the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
d) which is false, misleading or deceptive;
e) in a way that impersonates any person or entity or otherwise misrepresents your sponsorship, approval or affiliation with a person or entity; or
f) which violates any law or regulation.
41. BarTV Sports assumes no responsibility for monitoring the BarTV Sports Services for inappropriate User Generated Material. If at any time BarTV Sports elects, in its sole discretion, to monitor User Generated Material on a BarTV Sports Service, BarTV Sports nonetheless assumes no responsibility for any User Generated Material and no obligation to modify or remove any inappropriate User Generated Material. BarTV Sports may reject, refuse to post or delete any User Generated Material for any or no reason.
42. We make no warranties or representation and accept no liability in relation to any User Generated Material including its content, adequacy, completeness or accuracy.
43. You grant to BarTV Sports, its assignees and authorised nominees a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, publish, display, modify, perform, adapt, communicate, reproduce, exploit, exhibit and in all media throughout the world any User Generated Material posted, uploaded, communicated or otherwise made available by you via a BarTV Sports Service.
44. To the extent permitted by applicable law, you unconditionally and irrevocably:
a) consent, and will obtain all other necessary unconditional and irrevocable written consents from any persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material which is posted, uploaded, communicated or otherwise made available by you via a BarTV Sports Service; and
b) waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights.
45. You will be responsible for all actions and omissions of any person who uses your BarTV Sports Service account or a BarTV Sports Service you subscribe to.
46. Nothing in these Terms 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. The BarTV Sports Service provided to you under these Terms comes with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). For major failures with the BarTV Sports Service, you are entitled:
- to cancel your BarTV Sports Service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the BarTV Sports Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
47. Apart from any rights you have that cannot be lawfully excluded, we do not make any promises or assurances to you about a BarTV Sports Service and/or these Terms. 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 a BarTV Sports Service, or otherwise in connection with these Terms, are expressly excluded.
48. Where permitted under local law, including the Australian Consumer Law, the liability, excluding any liability arising from gross negligence, wilful misconduct and/or fraud, of BarTV Sports, its related bodies corporate, suppliers, agents and contractors for any breach of a term or condition implied by law is limited at BarTV Sports's discretion, to the supply of any service again or the payment of the cost of having any service supplied again. However, BarTV Sports cannot limit its liability in this manner if you establish that it would not be fair or reasonable for BarTV Sports to do so.
49. Except where we have breached any of your rights under the Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited, we are not responsible in any way for any indirect or consequential loss that arises out of or in connection with this Agreement, the or the BarTV Sports Service.
50. The information within a BarTV Sports Service is not comprehensive and is intended only to provide a summary of the subject matter covered. BarTV Sports does not undertake to keep the BarTV Sports Services up-to-date and is not liable to you or any other person for any loss or disappointment suffered if a BarTV Sports Service or content within it is not available or the content within the BarTV Sports Service is incorrect, incomplete or not up-to-date. You must make your own assessment of it and rely on it wholly at your own risk.
51. In addition to any rights against you that we may have under these Terms, you will be liable to BarTV Sports and must keep us, our 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 a BarTV Sports Service to you or your use of a BarTV Sports Service, unless and to the extent that any loss, cost, expense, damage or other liability is caused by or contributed to our, our related bodies’, suppliers’, agents’ or contractors’ wilful default, negligence or breach of these Terms or any law.
52. You agree to fully indemnify and hold harmless BarTV Sports and its related bodies corporate, suppliers, agents and contractors against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with and arising from:
a) your use of or access to a BarTV Sports Service in breach of these Terms; or
b) User Generated Material which you post, upload, communicate or otherwise make available.
This indemnity will survive these Terms and your use of the BarTV Sports Services.
Privacy and Data
54. 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 a BarTV Sports Service, you are responsible for making sure that the content is suitable for them.
Notices and Revisions
55. If we give you any notice that is required under these Terms, we shall give it to you by electronic communication or via a BarTV Sports Service website or a BarTV Sports Service.
56. 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 updating your contact information on your BarTV Sports Account.
57. We can transfer our rights and obligations under these Terms to any third party, provided such transfer does not detrimentally affect your rights under these Terms.
58. 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.
59. Your use of the BarTV Sports Services and these Terms is governed by the laws in force in all states of Australia.
HOW DO WE PROTECT YOUR INFORMATION?
We use reasonable measures to safeguard the personal information we hold about you from loss, theft and unauthorised use, disclosure or modification, including:
System security - We take reasonable steps to prevent unauthorised access to our online and computerised systems by using measures such as firewalls, data encryption, virus detection methods, and password and passcode restricted access.
Staff training - We train our staff to handle your information in accordance with any applicable privacy laws.
Third parties - We take reasonable steps to ensure that third parties who store or assist us to store your personal information adopt appropriate security measures.
Data Collection Statement - coming soon.
HOW WE USE YOUR PERSONAL INFORMATION
The primary purpose for which BarTV Sports is collecting your personal information is to enable you to create an account and give you access to our service.
You agree that we may also use your personal information for related secondary purposes including:
- to assess your application for our service;
- to provide products and services to you;
- to provide you with news, information or advice about our existing and new content, products and services;
- to communicate with you including by email;
- to verify your identity;
- to provide as part of business data to third parties if you have authorised us to do so;
- as required or permitted by any law (including the Privacy Act);
If you do not provide us with the personal information we ask for, or the information provided is incorrect or incomplete, we may not be able to provide you with our products/services.
DISCLOSING PERSONAL INFORMATION TO THIRD PARTIES
We may disclose your personal information to the following organisations for the purposes described above (as well as otherwise permitted or required under Australian law):
- our employees, related bodies corporate, contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise in connection with providing our products and services to you;
- our existing or potential agents, business partners or joint venture entities or partners.
- our sponsors, or promoters of any competition that we conduct or promote via our services;
- specific third parties authorised by you to receive information held by us;
- as required or permitted by any law (including the Privacy Act);
- certain sporting governing bodies that we work alongside.