Terms of Use

What is Freeview®

1.             The Freeview® service (Freeview®) is provided by Freeview Australia Limited ABN 72 130 448 510 (we, us, our and other similar expressions). 

2.             Freeview® consists of:

(a)           the Freeview Plus® electronic program guide as well as additional smart features, software applications and services available through supported TVs or set top boxes (Freeview Plus®); and

(b)           Freeview FV®, which is our mobile app version of Freeview Plus®, available through supported mobile devices (Freeview FV®).

3.             Freeview® also provides a portal through which you can access third party services, including various free-to-air television ‘catch-up’ services, from a single location (Third Party Services).

4.             Freeview® is made available to users (you, your and other similar expressions) on the following terms and conditions which govern your access to, and use of, the services.   

Accepting the terms

5.             By accessing and using Freeview® you agree to be bound by the most current version of these Terms of Use published on Freeview® and our website, located at www.freeview.com.au. We may update these Terms of Use from time to time, effective on publication, and you agree to periodically check Terms of Use published on Freeview® and our website to ensure you understand the requirements of the current version of the Terms of Use.

Right to use Freeview®

6.             We grant you a limited, non-exclusive, royalty free, revocable right to access and use Freeview® from within Australia for your own lawful, non-commercial purposes.

Ownership of Freeview Content

7.             All intellectual property rights, including patents, designs, trade marks, and copyright, in the Freeview Content are owned by or licensed to us.

8.             Your right to access and use Freeview® does not confer any right to exploit or deal with Freeview Content and, in particular, you must not:

(a)           use Freeview Content to provide a service to a third party (whether for a fee or otherwise);

(b)           commercialise or exploit the Freeview Content in any way;

(c)           copy, reproduce, publish, broadcast or communicate to the public the Freeview Content;

(d)           decompile, reverse engineer, modify or make derivative works of all or part of the Freeview Content;

(e)           remove, alter or obscure any notice, logo, trade mark or identifying mark from the Freeview Content;

(f)            without our written permission, use or attempt to use the Freeview Content:

(i)            with any device that is not listed by us at Freeview Plus Products as a supported device; or

(ii)           by means of any software which has not been authorised by us in connection with a device referred to in clause 8(f)(i).

(g)           do or permit any further activity which we notify you is forbidden.

9.             You do not acquire any intellectual property rights, including patents, designs, trade marks, and copyright, in the software used in connection with Freeview®, you do not have a right to the source code of that software, and you must not tamper with that software.

Third Party Services

10.          Each of the Freeview® services provide a single portal through which you can access various Third Party Services.  The Third Party Services include the following free-to-air television ‘catch-up’ services:

11.          All rights, including intellectual property rights, in the Third Party Services are owned by the respective third party service providers or their licensors. Each Third Party Service is subject to its own terms and conditions of use, and by accessing and using a Third Party Service you agree that you have read and accept the terms and conditions that apply to that Third Party Service. 

12.          The availability of each Third Party Service is at the sole discretion of the third party service provider who provides that Third Party Service.  We are not responsible for, and make no guarantee as to the availability of, the Third Party Services.

Protection

13.          You must make your own precautions to ensure that the process which you use for accessing Freeview® does not expose you or your equipment to the risk of viruses, malicious computer code or other forms of interference which may damage your equipment.

14.          We are not liable for any interference or damage to your equipment which arises in connection with your use of Freeview®.

Service availability

15.          While we intend to use reasonable endeavours to make Freeview® available for your use on a ‘24 hours a day, seven days a week’ basis, you expressly acknowledge that service continuity is not assured and that Freeview® is provided on an ‘as is’ and ‘as available’ basis. In particular, you agree that on occasions, part or all of Freeview® may be unavailable or have limited availability including:

(h)           to permit routine or emergency maintenance, upgrades, or other development activity to part or all of its services;

(i)            due to technical malfunctions of your equipment or infrastructure (eg. telecommunications connectivity, network congestion or delays); or

(j)            due to other events beyond our control.

16.          In the case of technical problems which adversely affect your use of Freeview®, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need technical help, you should notify us promptly by email to support@freeview.com.au.

Modifying, suspending and terminating Freeview®

17.          We may add or remove functionality or features from Freeview®, and we may suspend or stop providing part or all of Freeview® altogether at any time.  For example, we may temporarily limit or suspend the availability of all or part of Freeview® if it is necessary for reasons of public safety, security or maintenance of Freeview®, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.  If we stop providing Freeview® altogether we will give you reasonable notice.

18.          You can stop using Freeview® at any time. 

Expenses and equipment

19.          While Freeview® is made available by us for free, you will need:

(a)           a broadband internet connection to access and use Freeview Plus®; and

(b)           a broadband internet connection or mobile broadband connection to access and use Freeview FV®.

20.          Freeview® is a metered service, which means the access and use of Freeview® will count towards the data limit of your broadband plan or plans.

21.          You are solely responsible for all expenses incurred in accessing Freeview®, including maintaining a broadband internet connection, and for the provision and maintenance of all necessary equipment.

22.          We are not responsible for any compatibility issues which you may have between your equipment and Freeview®.

Confidential information

23.          If you receive (or have received) any information about our business affairs or our technology or the processes used or implemented by us, you must keep that information confidential and may only use or disclose it:

(a)           for the purpose of meeting your obligations or exercising your rights under these Terms of Use; or

(b)           as required by law or in connection with legal proceedings.

The provisions of this clause continue after you stop using Freeview® or termination of these Terms of Use.

Privacy

24.          In order to provide you with certain products and services, including responding to your feedback and queries, we may collect and use personal information about you and others. Further information about our collection, storage, use and disclosure of personal information can be found in our Privacy Policy, located at Privacy Policy.

25.          We may also collect, store, use and disclose other information relating to your use of Freeview® on an anonymous basis.  For example, we may collect your postcode and IP address to enable us to provide you with the appropriate electronic program guide for your region. 

Limitation of liability

26.          Terms, conditions, warranties and guarantees implied by law, including the Australian Consumer Law, that cannot be executed, restricted or modified apply to these Terms of Use to the extent required by that law.

27.          We exclude all terms, conditions, warranties and guarantees which would otherwise be implied concerning the activities covered by these Terms of Use.

28.          To the extent permitted by law, our total liability to you for loss or damage of any kind, however caused, whether in contract, tort (including negligence), under statute or otherwise, arising from or related to your access and use of Freeview® is limited to:

(a)           re-supply of Freeview®; or

(b)           payment of the cost of re-supply of Freeview®.

29.          You do not rely on any representation, warranty or other provision made by us, or on our behalf, which is not expressly stated in these Terms of Use. In particular, we make no warranty or representation that Freeview® will always be available, accessible, secure, operate without error, or that Freeview® will meet your requirements.

30.          We will have no liability to you if we modify, suspend or terminate your access to and use of Freeview® under clause 17.

General

31.          These Terms of Use constitute the entire understanding between you and us and supersedes all previous and contemporaneous communications, representations, or agreements with respect to your access and use of Freeview®.

32.          If any provision of these Terms of Use is held to be unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use will continue in full force and effect.

33.          If we elect not to exercise or enforce any right, power, or privilege under these Terms of Use, this does not prevent is from later seeking to exercise of enforce that right, power or privilege.

34.          You must not assign, sub-license or otherwise transfer any of yoru rights and obligations under these Terms of Use to any other person.

35.          Each party must do everything reasonably required by the other to give full effect to these Terms of Use.

36.          These Terms of Use are governed by the laws of New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.