Sideline Sport
Subscription Terms and Conditions

Information about these Terms

1. Sideline Sport Pty Ltd (ACN 673 788 326) (Sideline Sport, we or our), is the supplier of the following entertainment services made available in Australia from time to time:

a.    content streaming services (each a Streaming Service); and

b.   account management, and billing services provided through a customer account (a Sideline Sport Account).  

2. Users of a Streaming Service or Sideline Sport Account (users or you) agree to be bound by these terms and conditions (Terms). 
These Terms apply to each Streaming Service you subscribe to, and/or your use of a Sideline Sport Account. Your use of, and access to, such services indicate your acceptance of these Terms (and any changes to them).

3. The Terms are divided into the following
separate sections, some of which only apply where relevant:

a.    General terms

b.   Schedule 1: Streaming Service Terms

Changes

4. We can change these Terms or any of our services immediately without telling you if we reasonably consider that the change is
likely to benefit you or have a neutral impact on you.

5. These Terms, the subscription fee of a Streaming Service which we bill as principal are subject to change by Sideline Sport.  Where any of these changes have a detrimental impact to you, we will give you at least one month’s notice prior to the change, so you may cancel your relevant service(s) before the change takes effect.  If any change is: (a) due to circumstances outside of our reasonable control such as changes in law (including changes to taxes); or (b) due to changes to agreements with our suppliers (including new charges or increases to charges imposed on us); or (c) for urgent operational, technical, security or protection of network integrity reasons; then we will give you as much prior notice as is reasonably practicable in the circumstances, which may be less than one month.

6. You acknowledge that the Streaming Services, including content that you may have access to via a Streaming Service, are updated regularly and may change from time to time. 

Setting up a Sideline Sport Account

7. To use a Streaming Service, you must have a Sideline Sport Account.

8. To create a Sideline Sport account you must be over 18 years old.  We will require you to provide certain information, such as your email address, mobile number, password and postcode.  You will provide us with proof of your identity if we reasonably ask you to do so from time to time.

9. You are solely responsible and liable for activity that occurs on your own Sideline Sport account.

10. You are responsible for maintaining the confidentiality of your password and Sideline Sport Account details.  If you permit another member of your household to use your Sideline Sport Account details and password they must agree to keep it confidential. 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. 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.

Streaming Services

11. To subscribe to a Plan of a Streaming Service or purchase a TVOD entitlement (in each case as defined in Schedule 1) you must be at
least 18 years old and you must register or hold a Sideline Sport Account linked to a valid Australian credit card with a billing address in Australia or agree to third party billing with one of our authorised third party billing partners.

12. You agree to be bound by the terms and conditions set out in Schedule 1 (Streaming Service Terms) when subscribing to or using a Streaming Service.

Fees and Charges

13. Payment methods accepted by Sideline Sport may be updated from time to time and will be displayed at time of purchase.

14. If using a credit card, the credit card account may be charged a small nominal amount to verify the card, but this verification charge will be reversed without you needing to take any further action. You may be charged a credit card fee and, if so, this will be displayed at the time of purchase.

15. If your payment method cannot be charged for any reason (for example due to expiry of the credit card or insufficient funds) you
authorise Sideline Sport to attempt to charge your payment method again and/or request that you provide another payment method.  You remain responsible for any uncollected amounts. 

16. Our fees and charges include GST where applicable. Any GST payable is displayed on your invoice and if an item is exempt from GST
it will be clearly marked.

Other Credit or Refunds

17. If you are eligible for any other credit or refund, the credit will apply to your Sideline Sport Account and will be applied to the next billed purchase or charge by Sideline Sport.

Managing your subscriptions

18.See Schedule 1 (Streaming Service Terms) for how to change a Plan of a Streaming Service.

Promotions

19. We may from time to time offer special promotional offers or plans (each an Offer). Offer eligibility is determined by us in our sole discretion and we reserve the right to revoke an Offer in the event that we determine you are not eligible.

20. We may use information such as mobile number, method of payment or an account email address used with an existing or recent Sideline Sport Account to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Suspension & Cancellation

21. See Schedule 1 (Streaming Service Terms) for how to cancel a Streaming Service.  

22. You may delete your Sideline Sport Account by following the steps advised to you on our website Sideline Sport.com.au or by contacting the Sideline Sport customer care team.   

23. We may cease providing you a Streaming Service at any time and we will provide you with reasonable notice except where the cancellation is due to your breach of these Terms or is in accordance with our rights under clause 39 below. 

24. Sideline Sport may cancel, suspend or restrict (i) your use of or access to a Streaming Service; (ii) your use of or access to a Sideline Sport Account in the following circumstances:

a. where necessary for technical or operational reasons;

b. where we reasonably believe your Streaming Service, or your Sideline Sport Account is unsecure or is being used in breach of these Terms or is inconsistent with the requirements of our content providers or licensors, including any violation of the limited licences granted to you under these Terms;

c. if any payments owed to us have not been paid by the due date;

d. if you breach these Terms 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 Sideline Sport 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 your Sideline Sport Account or a Streaming Service;

f. we believe on reasonable grounds that you have caused genuine distress to, or have exhibited inappropriate behaviour towards any of our 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 or technology suppliers or an emergency services organisation.

Liability

25. You will be responsible for all actions and omissions of any person who uses your Sideline Sport Account, or a Streaming Service you subscribe to.

26. 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 services provided to you under these Terms 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). For major failures, you are entitled:

a. to cancel your service contract with us; and

b. 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 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.

27. Apart from any rights you have that cannot be lawfully excluded, we do not make any promises or assurances to you about a Streaming Service, your Sideline Sport Account 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 Streaming Service, your Sideline Sport Account or otherwise in connection with these Terms, are expressly excluded.

28. Where permitted under local law, including the Australian Consumer Law, the liability of Sideline Sport, its related bodies corporate, suppliers, agents and contractors for any breach of a term or condition under these Terms or implied by law is limited at Sideline Sport’s discretion, to the supply of any service again or the payment of the cost of having any service supplied again.  However, Sideline Sport cannot limit its liability in this manner if you establish that it would not be fair or reasonable for Sideline Sport to do so, or where such liability arises from Sideline Sport’s gross negligence, wilful misconduct and/or fraud.

29. 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 these Terms, your Sideline Sport Account or a Streaming Service.

30. Sideline Sport does not undertake to keep the Streaming Services up-to-date and is not liable to you or any other person for any loss or disappointment suffered if a Streaming Service or content within it is not available or the content 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.

31. In addition to any rights against you that we may have under these Terms, you will be liable to Sideline Sport and must keep us, Sideline Sport’s 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 your Sideline Sport Account or a Streaming Service to you or your use of your Sideline Sport Account or a Sideline Sport Streaming  Service, unless and to the extent that any loss, cost, expense, damage or other liability is caused by or contributed to by our, our related bodies’ corporate, suppliers’, agents’ or contractors’ wilful default, negligence or breach of these Terms or any law.

32. You agree to fully indemnify and hold harmless Sideline Sport 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 your use of or access to your Sideline Sport Account or a Streaming Service in breach of these Terms. This indemnity will survive these Terms and your use of your Sideline Sport Account and/or the Streaming Services.

Privacy & Data

33. By entering into these Terms, you consent to us collecting, using and disclosing your Personal Information on the terms of these Terms and our Privacy Policy and Privacy Notice.

Notices & Revisions

34. If we give you any notice that is required under these Terms, we may give it to you by electronic communication, through your Sideline Sport Account, via the Sideline Sport website, via a Streaming Service website or via a Streaming Service that you subscribe to.

35. 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 Sideline Sport Account.

General

36.We can transfer any of our rights and obligations under these Terms to any third party, provided such transfer does not detrimentally affect your rights under these Terms.

37. 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.

38. Your use of the services and these Terms is governed by the laws in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria Australia.

SCHEDULE 1 – STREAMING SERVICE TERMS

Access

1. You can access the content within a Streaming Service from anywhere in the world.

Plans, Data Use & Devices

2. We may offer a selection of different tiers or plans for a Streaming Service (each, a Plan) or one-off event or program purchases (live or on demand) (TVOD).  Such Plans or TVOD may include different features, content or certain restrictions or limitations. These differences will be disclosed to you when you select a Plan or TVOD, or in other communications with you.

3. You are responsible for all costs arising from the use of a Streaming Service including, without limitation, all subscription, browsing/data charges and internet costs. Please contact your internet service provider or carrier network provider about these costs.

4. You must ensure, before you use a Streaming 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 are compatible and satisfy all other technical requirements as set out at the help site of the relevant Streaming Service.  Sideline Sport streaming software may vary by device and medium, and functionalities and features of a Streaming Service may also differ between devices. 

5. The number of concurrent streams you can use across your devices to view a Streaming Service at any one time (Concurrent Streams) will depend on your Plan or TVOD entitlement.  You cannot use more than the stated number of Concurrent Streams.

6. A Streaming Service (or a particular Plan or TVOD entitlement) may implement a limit on the number of devices that may be registered to your account at any one time.  Sideline Sport may monitor the number of registered devices in order to prevent account sharing. 

Subscriptions & Payment

7. When you subscribe to a Streaming Service, you purchase a Plan for a specified subscription period displayed at the time of purchase (Subscription Period).  You may do this via your Sideline Sport Account, or through a Streaming Service website or application or via our approved third party retailers.

8. The price for each Plan will be displayed at the time of purchase.  You may receive offers or discounts from us or our approved third party retailers from time to time and the terms of these offers or discounts will be displayed at the time of purchase.

9. Unless you cancel your Plan before the end of the Subscription Period, you authorise us to charge to your registered payment method in your Sideline Sport Account the subscription fee for the Streaming Service in advance of each Subscription Period. If you choose to pay via a third party biller, this fee will be charged by that third party biller.

TVOD & Payment

10. From time to time, we may make TVOD available to purchase for a one-off fee.  

11. To view TVOD, you will be required to pay a one-off fee which will be displayed at the time of purchase (TVOD Fee). The TVOD Fee will be charged immediately upon completion of your TVOD sign up.

12. We may withdraw TVOD content from time to time and if we do so prior to your consumption, we will provide you a refund. We may cancel your TVOD access due to your breach of these Terms, and, where we do so, we are under no obligation to provide any refund or notice to you.

Free Access Services

13. From time to time, we may make a Plan, or content on a Streaming Service, available on a free basis (Free Access Service/s). You may be required to register for a Free Access Service via a particular website.  Your use of a Free Access Service is subject to these terms and conditions.

14. To be eligible to access a Free Access Service you must be at least 18 years old, located in Australia, and you must register or hold a Sideline Sport Account.

Auto-Renewal & Cancellation of Plans

15. Your Plan will automatically renew at the end of each Subscription Period for a further Subscription Period, unless you cancel your Plan. You may cancel your Plan through your Sideline Sport Account at any time prior to your renewal date, or as otherwise specified by us or one of our
third party billing partners. For Plans purchased through Apple marketplaces you must cancel through your Apple account at least 24 hours 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.

16. 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 relevant Streaming Service until the end of the relevant Subscription Period.  No pro-rata refunds will be provided to customers that cancel during a Subscription Period. For Plans purchased through Apple marketplaces, you can also find out more about managing auto-renewing subscriptions here: http://support.apple.com/kb/ht4098.

Managing your Plan

17. If you wish to change your Plan, you can manage your Plan through your Sideline Sport Account or, where available, via our approved third party retailers and/or billing partners.

18. If you upgrade during your current Subscription Period, the upgrade will take effect immediately and the new fee will be applied pro-rata for the remainder of the Subscription Period.  The full fee for your new Plan will be charged in advance at the start of your next Subscription Period.  If you downgrade your subscription, the downgrade will take effect at the end of your current Subscription Period and no pro-rata refunds will be provided. You will be charged your new subscription fee at the start of your next Subscription Period.

Free Trials & Promotions

19. We may offer free trial periods of our Plans from time to time.  During a free trial period, you will not be required to pay any subscription fee for the relevant Plan.  You may cancel your free trial subscription prior to the expiry of the free trial period.   If you do not cancel your free trial subscription, you will be charged the fee in accordance with the Plan that you selected during your initial registration for the free trial.

20. We may also offer other promotional discounts or benefits (Promotion).  We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion or free trial in 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.

Permitted Uses

21. You must follow our reasonable instructions about how you use the Streaming Services. You must not use a Streaming 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 Streaming Service or any features which prevent or restrict the use, distribution or copying of a Streaming Service or any content within a Streaming Service. You must not alter or modify the content or Streaming Service in any way.

23. You can only view a Streaming Service content for personal, non-commercial purposes and you must not permit the Streaming 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 Streaming Service available to any other person or authorise or assist anyone else to do so.

25. You must not permit another person (other than a member of your household) to use your Streaming Service.

Intellectual Property Rights

26.  Copyright, trade marks and intellectual property rights in all material, content or software supplied as part of a Streaming Service, other than User Generated Material (defined above), are owned by Sideline Sport 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 a Streaming Service only, in accordance with these Terms.

27. Except for the foregoing limited license, no right, title or interest in any material, content or software supplied as part of a Streaming 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 Streaming Service.

28. All content on a Streaming 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 Streaming Service.

29. 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 Streaming Service or any material or content you obtain from a Streaming Service;

b. sell or make any charge for watching or using any part of a Streaming Service; or

c. show any part of a Streaming Service in public or to an audience, even if no charge is made.

30. Content owners (including Sideline Sport) 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 Sideline Sport 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 Streaming Service.  If you decline such an upgrade, you will not be able to access content that requires the upgrade.

31. The Streaming Services contain technology subject to certain intellectual property rights of the copyright owner of the relevant technology.  Use or distribution of this technology outside of a Streaming Service is prohibited without the appropriate license from Sideline Sport and any applicable owner of the intellectual property rights.

Classification

32. When you use a Streaming 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 a Streaming Service, you are responsible for making sure that the content is suitable for them.

33. When you set up your Sideline Sport Account and subscribe to a Streaming Service, 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. 

Promotion & Advertising

34. Your dealings with, or participation in promotions by, any third party advertisers on or through a Streaming 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 a Streaming Service.

Online Safety

35. The Streaming Services may contain material that is not suitable for children. Parents can help keep their children safe online in a number of ways: (1) keep the viewing device in a public area of your home; (2) educate children about the dangers of providing personal information to anyone online; and (3) visit the eSafety Commissioner’s website at https://www.esafety.gov.au/ for more tips on staying safe online. Guidance on making a complaint to eSafety can be found here.