PLEASE READ THESE TERMS AND CONDITIONS ("CONDITIONS") BEFORE SUBSCRIBING FOR SERVICES (AS SET OUT IN CLAUSE 4) IN Australian Open TV. PREMIUM TV LTD ON BEHALF OF Tennis Australia Limited ('Tennis Australia') RESERVE THE RIGHT, AT ANY TIME, TO MODIFY THESE CONDITIONS BY POSTING A REVISED VERSION ON THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD (AND AGREE TO BE BOUND BY) THESE CONDITIONS NOW AND EVERY TIME YOU USE THE SERVICES. BY CONTINUING TO USE THE SERVICES YOU ACCEPT ANY REVISED VERSION.
If these Conditions conflict with our Website Terms and Conditions, these Conditions will take priority.
1. Orders
In ticking the box and accepting the T&C's on the registration page, you are entering into a legally binding contract with Premium TV Ltd and Tennis Australia 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.
2. 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 UK VAT 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.
Payment for services must be made by Mastercard, Visa, Switch, Solo Visa Delta and JCB cards. You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
Premium TV Ltd. reserves the right to refuse credit/debit card payments in its reasonable discretion. NetBanx will process your payment on a secure site.
3. Duration and Termination
Our right to terminate
Premium TV Ltd. may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 2 or 6 will be considered to be a material breach) or if you do not fulfil any of the technical requirements set out in clause 4.
In addition, Premium TV Ltd. may terminate this agreement on one calendar month's notice given in writing to you in accordance with clause 5. If Premium TV Ltd. terminates the agreement other than as a result of your breach or technical 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.
4. The Services and Service Availability
The 'Services' shall be the provision to you of access to services on this Website including Live feeds from 6 courts, Highlights, Interviews & Features and Classic Moments from past Australian Opens.
However Premium TV Ltd. 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 (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 Premium TV Ltd. reasonably determines that you do not meet these requirements Premium TV Ltd. 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").
Premium TV Ltd. 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, Premium TV Ltd. 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.
5. Technical Support and Contacting Premium TV Ltd.
You can contact Premium TV Ltd. whether to discuss technical problems or trace your subscription, or for any other reason by emailing to Premium TV Ltd. as described below. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode which Premium TV Ltd. will require from you in order to identify your subscription. technicalsupport@premiumtv.co.uk
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 customerservices@premiumtv.co.uk
Any notice given by Premium TV Ltd. 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 Premium TV Ltd and others, including Tennis Australia.
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 via your permitted PC 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 PREMIUM TV Ltd. AND 'TENNIS AUSTRALIA 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 PREMIUM TV Ltd. NOR TENNIS AUSTRALIA SHALL IN ANY EVENT BE LIABLE TO YOU FOR:
(I) ANY DIRECT LOSS IN EXCESS OF THE SUBSCRIPTION AMOUNT; OR
(II) ANY CORRUPTION TO DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER 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 PREMIUM TV Ltd. AND TENNIS AUSTRALIA 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 site will be held on the computers and manual records of, and will be used by, Premium TV Ltd., TENNIS AUSTRALIA and its sponsors, affiliates, official suppliers and any other reputable suppliers of goods and services which Premium TV Ltd or Tennis Australia believe may be of interest to you (together "the companies"). A complete list of all such companies is available on request from the address below. Your personal data will only be disclosed to other entities with your prior consent or where permitted or required by law.
The personal data shall be used by the companies for the following purposes:
(i) to update and develop the companies' records and for assessment and analysis including market and product analysis;
(ii) to assist the companies in offering and providing their services/products to you;
(iii) to enable the companies to review, develop and improve the services offered by them.The companies may inform you from time to time by email, telephone, or mail about relevant news, information, promotions, services and products offered by any of them which they believe may be of interest to you. If you do not wish this to happen, please ensure that you untick the appropriate box when you register your personal details. By law you are entitled, upon payment of a fee, to receive a copy of information or data about you which is held by any of the companies. You are also entitled to require the rectification, erasure or blocking or any such information or data which is inaccurate or not up-to-date and held by the companies. In future, if you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your information or data held by the companies, please write to the address below stating your full name and address and providing any other relevant information.
9. Force Majeure
Neither Premium TV Ltd. nor TENNIS AUSTRALIA 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 causes beyond the reasonable control of Premium TV Ltd. or TENNIS AUSTRALIA 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, terrorist act, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
If this means that you fail to receive a substantial element of the Services Premium TV Ltd. 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 failure to exercise or delay in exercising any right, powers or remedy by either of Premium TV Ltd. or TENNIS AUSTRALIA shall be construed or operate as a waiver of any rights or remedies, or of any subsequent breach of any provision of these Conditions. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
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 and Premium TV Ltd. 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 Premium TV Ltd.
Premium TV Ltd. employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by Premium TV Ltd. You confirm that you do not rely on, and waive any claims for breach of, any such representations that are not so confirmed.
12. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England
13. Live Stream
The LIVE stream is only available in the following countries:
Argentina, Antigua and Barbuda, Bangladesh, Bolivia, Belize, Brazil, Bermuda, Bahrain, Bahamas, Barbados, Bhutan, Brunei, Cambodia, Chile, Colombia, Costa Rica, Cuba, China, Dominican Republic, Dominca, East Timor, Ecuador, El Salvador, Egypt, Falkland Islands , French Guiana , Guatemala, Guam, Haiti, Honduras, Hong Kong, Guyana, India, Indonesia, Iran, Iraq, , Jamaica, Jordon, Kuwait, Laos, Lebanon, Mexico, Macau, Malaysia, Maldives, Micronesia, Mongolia, Myanmar, Nepal, New Caledonia, North Korea, Nicaragua, Oman, Panama, Paraguay, Peru, Palestine, Pakistan, Papua New Guinea, Philippines, Qatar, Singapore, South Korea, Sri Lanka, Suriname , Saint Lucia , Saint Kitts and Nevis , Saudi Arabia , Syria , Taiwan, Thailand, Trinidad and Tobago, United Arab Emirates, Uruguay, Vietnam, Venezuela , Yemen.
14. Highlights Content
All highlights content is available to all countries excluding Australia. Australia IP users have access to limited highlights content and Australian Open TV archive content only.
