Terms and Conditions
Effective Date 12th Jan 2017
1.1 Sport Now is a video on demand subscription service that provides its customers with access to a wide range of movies, television programs and other audio-visual content (“Content
“) streamed over the internet to certain internet connected devices via a web browser.
1.2 Sport Now is provided by DSI By Inverleigh Pty Ltd (ABN 39 151 762 793)(“we
” or “our
2.1 This Agreement governs your use of the Sport Now Service. By creating an account to access the Sport Now Service (“Account
“) you agree to be bound by the terms of this Agreement.
2.2 This Agreement incorporates:
(a) your Account details;
(b) these terms and conditions;
(d) our Collection Statement
2.3 We may change the terms of this Agreement at any time. We will notify you of any change prior to the date such change comes into effect via email sent to the email address you provided when creating your Account. If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 7 below.
2.4 You can contact us via support
at any time to obtain a copy of the current version of this Agreement.
2.5 This Agreement continues month to month unless you cancel or we terminate this Agreement in accordance with the terms of this Agreement.
3. Eligibility and Access
3.1 To create an Account which will allow you to subscribe to the Sport Now Service, you must:
(a) be at least 18 years of age;
(b) provide us with an email address;
(c) provide us with the details of a valid credit/debit card (“Valid Card
(d) have an Australian residential address and provide us with your postcode.
3.2 To access the Sport Now Service, you must:
(a) set up an Account;
(b) have a Supported Device that is connected to the internet in your country;
(c) subject to the specific terms of any Promotional Offer (as defined below), pay the Monthly Sport Now Subscription fee in accordance with clause 4 below.
3.3 To get the most from your Sport Now Service, you will require a minimum effective internet line speed of 3.0Mbps for SD Content and 5.0Mbps for HD Content.
4.1 By creating your Account and providing us with the details of your Valid Card, you authorise us to charge your Valid Card a Sport Now Membership fee for the Sport Now Service in accordance with this clause 4.
4.2 Your access to the Sport Now Service may include a free trial period or other promotional discount or benefit (“Promotional Offer
“). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer in our absolute discretion. Promotional Offers may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, this Agreement. We may charge for Promotional Offers based on the then current monthly rate for the Sport Now Service if we consider that the Promotional Offer is being abused.
4.3 The monthly Sport Now Subscription fees will be charged to your Valid Card in advance. Your first membership period starts when you:
(a) create your Account, or if your Account commences with a free trial period, immediately after expiry of your free trial period; and
(b) pay your first monthly Sport Now Service fees from your Valid Card.
At the end of the first monthly subscription period and each monthly subscription period thereafter, we will automatically renew your monthly subscription and charge your Valid Card the monthly Sport Now Service fees unless and until you cancel your Account. If you created your Account on the 29th or 30th of the month, your Valid Card will be charged the monthly Sport Now Service fees on the anniversary of such date in each month except for February, where your Valid Card will be charged the monthly Sport Now Service fees on the last day of the month. If you created your Account on the 31st of the month, your Valid Card will be charged the monthly Sport Now Service fees on the last day of each month.
4.4 Unless expressly stated otherwise, all Sport Now Service fees are GST inclusive for Australian customers. To ensure your
5. Usage and Your Account
5.1 The Sport Now Service, the Software and any Content that you view via the Sport Now Service are for your personal and non-commercial use only. We grant you a limited, non-exclusive, personal and non-transferable license to:
(a) access the Sport Now Service and view Content through the Sport Now Service on a streaming only basis; and
(b) install and use any software and/or applications (including, without limitation the Sport Now App) provided to you by or on behalf of us in connection with your use of the Sport Now Service (“Software
“) in object code form only solely for the purpose of accessing the Sport Now Service and viewing Content through the Sport Now Service, subject to the terms and conditions set out in this Agreement.
5.2 You must not download (except for a temporary buffer required to overcome variations in stream bandwidth), modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Sport Now Service, Sport Now Website or the Sport Now App, except as expressly permitted, without our express written consent.
5.3 You must only use the Sport Now Service (and view any Content on the Sport Now Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.
5.4 Except for the limited licence granted under clause 5.1 above, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.
5.5 You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures employed by the Sport Now Service.
5.6 You may register up to 6 Supported Devices to your Account.
5.7 You can only watch Content simultaneously on 3 Supported Devices.
5.8 You can view and change your Account details, including information about billing, payment and your registered Supported Devices, by visiting Sport Now.com
5.9 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the Sport Now Service. Please contact your internet service provider or mobile telecommunications provider for details of your account access fees, data charges and other costs.
5.10 The quality of the display of Content, and the time it may take to commence or resume watching Content, may vary from time to time and between Supported Devices, based on factors including (but not only) your location, internet speed or bandwidth and the type of Supported Device. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.
5.12 The Content on the Sport Now Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.
5.13 You must keep your Account details private and must not share these details. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.
5.14 As a web based service, we may undertake maintenance or upgrades to the Sport Now Website from time to time, and there may be unplanned outages to the Sport Now Website. Such maintenance, upgrades or outages may affect your ability to access the Sport Now Service. We will use our reasonable endeavours to limit such incidents.
5.15 From time to time, you may be required to upgrade the Software to continue using the Sport Now Service. If you decline an upgrade, you may not be able to use or access the Sport Now Service.
5.16 You must not remove any proprietary notice of us or any of our licensor from the Content, the Software or the Sport Now Website.
5.17 The Sport Now Service and the Software contains software that may track and capture information about your activity (including information about your viewing habits, information about Supported Devices registered to your Account, including unique device numbers, internet protocol addresses, your operating system and other information derived from the hardware configuration of such devices) and will send this information to us. We use this information for purposes including identifying the Supported Devices registered to your Account, to confirm your right to use the Sport Now Service and to otherwise enhance and improve the Software and the Sport Now Service. By installing the Software and using the Sport Now Service, you consent to the transmission of this information.
6. Suspension and Cancellation
6.1 If you wish to cancel as a result us changing this Agreement in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that change. Your cancellation will be effective as of the date of the change to this Agreement, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
6.2 We may cancel this Agreement or your Account at any time. Except as set out in clause 6.4 below, if we cancel this Agreement or your Account, you will be able to access the Sport Now Service for the remainder of the current membership period unless we cancel this Agreement or your Account during the free trial period (if any), in which case, we will cancel your Account and your access to the Sport Now Service immediately.
6.3 We may immediately suspend, restrict or cancel your Account or access to the Sport Now Service:
(a) where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;
(b) if you use the Content or the Sport Now Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors;
(c) if you breach any term of this Agreement; or
(d) if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.
7. Intellectual Property
7.1 All content on or available through the Sport Now Service (including the Content, and all other works, subject matter and other material comprising or available on the Sport Now Website and the Sport Now Apps) and the Software is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of the Sport Now Service and Software is subject to, all relevant intellectual property laws.
7.2 We take the infringement of copyright and other intellectual property rights very seriously. We reserve the right to take all steps necessary to prevent the unauthorised copying, distribution, reproduction, transmission, communication or exploitation of the Content or the Software.
7.3 Sport Now is a registered trademark of DSI By Inverleigh Pty Ltd. Sport Now’ graphics and logos are trademarks of DSI By Inverleigh Pty Ltd. Sport Now’s trademarks may not be used in conjunction with any product or service other than the Sport Now Service. All other trademarks that appear on the Sport Now Website and/or the Sport Now Apps that are not owned by DSI By Inverleigh Pty Ltd are the property of their respective owners.
8.1 To the maximum extent permitted by law (but subject to clause 9.2):
(a) the Sport Now Service and all Content and Software and any other features or functions associated with the Sport Now Service, are provided “as is” and “as available” with all faults and without warranty;
(b) we do not make any promises or assurances to you about the Sport Now Service, the Content or the Software, including without limitation that your use of the Sport Now Service or the Software will be uninterrupted or error-free;
(c) we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Sport Now Service, the Sport Now Website or the Sport Now App and we do not accept any liability in relation to your reliance on such information, advice or other content;
(d) 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 Sport Now Service or otherwise in connection with this Agreement are expressly excluded;
(e) we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Sport Now Service (including the Sport Now Website and the Sport Now App).
8.2 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. The Sport Now Service comes with statutory guarantees under consumer protection laws that cannot be excluded.
8.3 You are responsible for all acts and omissions of any person who uses your Sport Now Service.
8.4 You indemnify us and our shareholders, directors, officers, employees, suppliers, content partners and licensors (each an “indemnified party
“) from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with:
(a) our supply, suspension, restriction or cancellation of the Sport Now Service or your Account; or
(b) your use of the Sport Now Service, including in connection with any content, information or other material posted on the Sport Now Website or App from your Account, or any other information you provide to us,
unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default, negligence or breach of this Agreement.
10.1 We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement.
10.2 You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.
10.3 This Agreement is governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.