If these Conditions conflict with the Website Terms and Conditions, these Conditions will take priority.
1. The Services and Service Availability
The 'Services' shall be the provision to you of access to services on this Website including live audio-video stream (subject always to geographical location, see below for restricted countries for the live audio-video stream), highlights packages (subject always to geographical location, see below for restricted countries for the highlights packages), archive footage and features as made available to Streaming Australia subscribers from time to time.
a) Further details:
However Shaddock Marketing reserves the right to amend the nature and extent of the Services available at any time. You will need to load your PC with Windows Media Player software versions 5, 6 or 7(which you will need to obtain).
You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
In the event that Shaddock Marketing reasonably determines that you do not meet these requirements Shaddock Marketing. reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums paid as provided for in clause 3 ("Our right to terminate").
Shaddock Marketing will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an "as is" basis.
In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Website may not be uninterrupted, timely, secure or error-free.
From time to time we will need to close the website to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, Shaddock Marketing will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
2. Orders
In ticking the box and accepting the terms and conditions on the registration page, you are entering into a legally binding contract with Shaddock Marketing on behalf of SA to purchase the Services. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Conditions.
3. Price and Payment
Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of tax at the rates in force from time to time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this Website at the time at which you place your order.
You confirm that the account/credit/debit card which is being used is yours. All account, credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.
Shaddock Marketing reserves the right to refuse credit/debit card payments in its reasonable discretion. Payment Express will process your payment on a secure site.
The 12 month passes auto-renew 12 months from
purchase date until cancelled and renews at the then
current price.
4. Duration and Termination
Your right to
terminate.
You may cancel your subscription for the
Services by logging into the Website and going to
the My Account page and clicking on the "cancel
Subscription" button and sending an e-mail to
customer services at the following e-mail address
accounts@streamingaustralia.com.au cancellation
must be made no less than 5 working days prior to
the end of the month or year (depending on whether
you are paying monthly or annually respectively) for
which you have paid.
If you cancel prior to this 5 working day period access to the Services will be terminated at the end of the relevant period. If you cancel during this 5 working day period you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month.
If you cancel your subscription after your renewal date you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month, year or relevant period.
Our right to
terminate
Shaddock Marketing on behalf of SA may terminate
this agreement with immediate effect and by written
notice at any time if you commit a material breach
of this agreement (for the avoidance of doubt any
breach of clause 2 or 6 will be considered to be a
material breach) or if you do not fulfil any of the
technicall requirements set out in clause 4.
In addition, Shaddock Marketing on behalf of SA may terminate this agreement on one calendar month's notice given in writing to you in accordance with clause 5. If Shaddock Marketing terminates the agreement other than as a result of your breach or technicall non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
5. Technical Support and Contacting Shaddock Marketing
You can contact Shaddock Marketing whether to discuss technical problems or trace your subscription, or for any other reason by emailing to Shaddock Marketing as described below or going to the Contact Us section. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode which Shaddock Marketing will require from you in order to identify your subscription.
You may want to print a copy of this page for future reference. You should notify us immediately if any of your details change by e-mail at accounts@streamingaustralia.com.au
Any notice given by Shaddock Marketing can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
6. Your use
of the Services
The design, text, graphics, footage, images
and other feed you receive (and any selection or
arrangement) are subject to the copyright of SA,
Shaddock Marketing and other third parties.
You agree that you will:
(a) use the
Services for non-commercial purposes only without
making any gain and that you will not permit any
other person or persons to use the Services. This
means, for example, that you must not charge for
viewing of the Services and that you cannot use the
Services to attract others to buy goods or Services
from you or anyone else;
(b) at any given time, only view the Services and
never permit any other person to access the
Services. You must keep your password secure and
never share passwords or other access codes with
anyone or in any way make them accessible to others;
(c) not copy, record or store all or any part of the
Services (other than on a purely transitory basis to
permit you to view them) or divert, re-transmit or
otherwise distribute all or any part of the Services
to any person, or authorise, enable or procure any
other person to do any of the above;
(d) not alter, disassemble, decompile or reverse
engineer any part of the Services;
(e) not view the Services in circumstances where
members of the public can view them simultaneously
or authorise, enable or procure any other person to
do so; and
(f) not abuse this Website or use it for any
unlawful or unauthorised purpose (which includes
transmitting any computer viruses through the site,
or using the site in a manner which violates or
infringes the rights of anyone else). As well as our
right to terminate for breaches by you (clause 3) we
may suspend the Services (or your access to them) if
your use of them is abusive, excessive or against
the interests of other subscribers or in breach of
these Conditions or our Website Terms and
Conditions, or if we are requested to do so by a
regulatory authority.
7. Liability
UNLESS AGREED
OTHERWISE IN WRITING, THE MAXIMUM LIABILITY OF EACH
OF SHADDOCK MARKETING. AND SA TO YOU ARISING BY
REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE
SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID
BY YOU IN RESPECT OF THE SERVICES IN QUESTION
("PAYMENT AMOUNT"). NEITHER Shaddock Marketing NOR
SA SHALL IN ANY EVENT BE LIABLE TO YOU FOR:
(I) ANY DIRECT LOSS IN EXCESS OF THE SUBSCRIPTION
AMOUNT; OR
(II) ANY INDIRECT OR CONSEQUENTIAL LOSS OR OTHER
COSTS; OR
(III) ANY CORRUPTION TO DATA OR ANY INDIRECT OR
CONSEQUENTIAL LOSS WHAT SO EVER EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR SHOULD
REASONABLY KNOW OF SUCH LOSS. NOTHING IN THESE
CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY OF
Shaddock Marketing AND SA FOR DEATH OR PERSONAL
INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS
DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
8. Data Protection and Privacy
It is good practice, and it is your responsibility, to take adequate steps to protect against viruses and such like.
The information and data ("personal data") which is provided by you in connection with this Website will be held on the computers and manual records of, and will be used by, Shaddock Marketing and SA (together "the companies").
By registering for SA, you understand and agree that SA may use and disclose the personal data provided by you:
(a) for the purposes of enabling you to access the content and products on the this Website; and
(b) to enable the companies to offer and provide you with the products and services available on this Website; and
(c) for any of the
purposes set out in SA's privacy policy -
click here
to view or email
privacy@streamingaustralia.com.au
SA may inform you from time to time by email,
telephone, or mail about relevant news, information,
promotions, services and products offered by it
which it believes may be of interest to you. If you
do not wish this to happen, you can opt-out of being
a member of SA at any time. You can requested to
access, update or correct any personal information
held about you be SA by writing to SA's privacy
officer at 23 Lemon Ave, Mildura, VIC Australia 3500
or sending an email to
privacy@streamingaustralia.com.a stating your
full name and address and providing any other
relevant information.
Shaddock Marketing
23 Lemon Ave
Mildura
Vic 3500
9. Force Majeure
Neither Shaddock Marketing nor SA shall have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from SA uses beyond the reasonable control of Shaddock Marketing or SA including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement, withdrawal of feed by broadcaster for any reason whatsoever.
If this means that you fail to receive a substantial element of the Services Shaddock Marketing will refund such proportion of the sum pre-paid by you in respect of the Services as it decides, acting reasonably, is fair in the circumstances.
10. Waiver
No waiver by either of Shaddock Marketing or SA shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
11. Entire Agreement
These Conditions together with the current Services prices and contact details on this website, set out the whole of the agreement between you Shaddock Marketing and SA. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Shaddock Marketing.
Shaddock Marketing employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by Shaddock Marketing You confirm that you do not rely on, and waive any claims for breach of, any such representations that are not so confirmed.
12. Third Party Rights
(a) Clauses 7, 8
and 9 of these Conditions confer a benefit on SA and
are intended to be enforceable by SA by virtue of
the Contracts (Rights of Third Parties) Act 1999.
(b) Except as provided in clause 12(a), a person who
is not a party to the contract governed by these
Conditions has no rights under the Contracts (Rights
of Third Parties) Act 1999 to enforce any provision
of these Conditions but this does not affect any
right or remedy of a third party which exists or is
available apart from that Act.
13. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.