Effective 1 April 2018
1. Information about this Agreement
1.1 This Agreement sets out the terms and conditions on which Mysat will provide you with, and you agree to receive, the MySatGo Service. By using the MySatGo Service you agree to be bound by the terms and conditions of this Agreement. References to "we", "us" or "our' in this Agreement will be read as references to MySat.
1.2 We may change any term of this Agreement at any time and will give you 21 days’ notice of any such change.
2. Information about the MySatGo Service
2.1 You must take at least one (1) of the Entry Packs.
2.2 To join the MySatGo Service you must:
be at least 18 years old;
have a compatible Primary Device that is connected to the internet in the Territory. A list of compatible Devices may be found on the MySatGo Website at https://www.mysatgo.com/Devices
have a MySatGo Account linked to a valid credit card with a billing address in the Territory;
have an internet connection with an effective line bandwidth of at least 3 Mbps.
2.3 You will provide us with proof of your identity if we reasonably ask you to do so from time to time.
2.4 When we are not able to provide certain content on the MySatGo Service, we will blackout the program from the MySatGo Service and in some instances may provide alternative programming. We will try to minimize the level of blackouts, which will vary depending on the channel.
3. Accessing the MySatGo Service
3.1 You must have a Registered Device to use the MySatGo Service. You can register up to three (3) Devices on your MySatGo Service at any time. If you want to access your MySatGo Service on a new Device and you already have three (3) Registered Devices, then you will need to remove the registration from one (1) of those Registered Devices and then register the new Device, provided that there is at least one (1) Primary Device registered at any time. You can do this via your MySatGo Account at https://www.mysatgo.com
3.2 Except for a Chromecast stream, you can only use a Registered Device to access the MySatGo Service via its own downloaded and installed MySatGo Services Application.
3.3 You can only use up to two (2) of your Registered Devices to view your MySatGo Service at any one time (concurrent streams).
3.4 MySat may deny you access to your MySatGo Service, or suspend or cancel your MySatGo Service, if you attempt to register and/or de-register an unreasonable number of devices in one day, or use more than two (2) concurrent streams at any one time.
3.5 You are responsible for all costs charged by your internet service provider in relation to your internet service and your use of the MysatGo Service. Please contact your internet service provider for details.
3.6 The MySatGo Service is provided to you using your internet connection. The quality and availability of the MySatGo Service may be affected from time to time by factors that are outside of our reasonable control, such as technical faults in the network of your internet service provider. We are not responsible for your MySatGo Service being suspended, interrupted or not available for these reasons.
3.7 Due to technical reasons, the MySatGo Service may not be the same across all Devices and the service you receive (including the content) will depend on the Device you register.
3.8 You are responsible for all hardware, systems and software applications that you download, install and/or operate to use the MySatGo Service (including, but not limited to, any hardware, systems and/or software necessary to access the internet).
4. Using the MySatGo Service
4.1 You must follow our reasonable instructions about how you use the MySatGo Service. You must not use the MySatGo Service for any improper or unlawful purpose and you must not allow anyone else to do the same.
4.2 You are not permitted to copy, record, reproduce, republish, post, broadcast, transmit or make any of the MySatGo Service content available to any other person or authorize or assist anyone else to do so, unless we permit you to do so.
4.3 You can only view the MySatGo Service content for personal non-commercial purposes. You must not permit your MySatGo Service to be viewed in public areas or commercial premises.
4.4 When you use the MySatGo Service, some personal information will be automatically collected through the use of cookies to assist us in making your user experience of the MySatGo Service more enjoyable (please see our Privacy Policy for more information). The MySatGo Service cannot operate if you set your browser to reject all cookies.
4.5 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the MySatGo Service by you or anyone you have allowed to use the MySatGo Service.
4.6 We may upgrade the MySatGo Service at any time. You will be advised if you need to download the most recent version of the Foxtel Streaming Application in order to use the MySatGo Service.
5. Protecting your MySatGo Account
5.1 You will be asked to provide your email address and choose a password when you create your MySatGo Account. You will need these to access the MySatGo Service.
5.2 You are responsible for keeping your password secure and confidential and you must take all reasonable precautions to prevent it being used by someone else. 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.
5.3 If we believe that there has been, or is likely to be, a breach of security of your password, we may require that your password be changed and/or suspend or restrict your use of all or any part of the MySatGo Service.
6. Paying for the MySatGo Service
6.1 You must pay to us a Service Fee for each month that you subscribe to the MySatGo Service (each such month being a Service Period). The price for the MySatGo Service will depend on the programming pack you choose. Details of pricing may be found in the Foxtel Now Pricing Guide on the MySatGo Website at https://www.mysatgo.com . The prices set out in the MySatGo Pricing Guide include GST where applicable.
6.2 Service Fees are paid in advance of each Service Period. Your first Service Period starts when you initially sign up to the MySatGo Service and pay your first Service Fee from the credit card you have assigned to your MySatGo Services Account. If you are eligible for a trial period, then your first Service Period starts the date after the trial period ends.
6.3 At the end of each Service Period, we will automatically renew your membership for the following Service Period and will deduct your Service Fee from the credit card you have assigned to your MySatGo Account. This process will continue for each of the following Service Periods (unless you tell us that you want to cancel the MySatGo Service as set out in clause 7). We will not send you an invoice but you can access one through your MySatGo Account.
6.4 We may change your Service Fees at any time by giving you at least 21 days' notice. We may also change your Service Fees without notice if required by law or if any regulatory authority requests or requires a change to any part of our pricing which affects your Service Fees directly or our pricing structure directly (if this happens we will try to give you reasonable notice).
6.5 We may alter the amount we deduct from your MySatGo Account if your Service Fees change in accordance with this Agreement.
7. Changing, Cancelling, Suspending or Restricting the Foxtel Now Service
7.1 We may change the MySatGo Service, including altering the content, presentation of and/or features available on the MySatGo Service from time to time without giving you notice. If we make a change that has a material detrimental impact to the MySatGo Service, we will provide you with 21 days’ notice prior to making that change. If we do make changes, we will continue to supply you with the new MySatGo Service for which you are eligible and that (in our opinion) provides you with the most equivalent service to the one that you were taking immediately prior to the change. If we do change the MySatGo Service, you may also cancel your membership in accordance with this section 7.
7.2 You can change your programming packs (If there are more than one pack )at any time via your MySatGo Account however you must always subscribe to an Entry Pack. If you add a programming pack during a Service Period then the change will take effect immediately and we will apply any applicable extra charges for that period to your next Service Fee on a pro-rata basis and thereafter in advance like all other Service Fees. If you remove a programming pack during a Service Period then the change will take effect at the end of the current Service Period and you will not receive a refund of any amounts already paid.
7.3 We may immediately suspend or restrict your use of all or any of the MySatGo Service in the following circumstances:
where reasonably necessary for technical or operational reasons;
where we have been directed to by a content provider;
where we reasonably believe that the content provided to your MySatGo Service or MySatGo Application may no longer be secure, or is being used in breach of this Agreement or in any way inconsistent with the requirements of our content or equipment providers or licensors;
if any payments owed to us have not been paid by their due date;
if you breach any other terms of this Agreement; or
7.4 We may cancel this Agreement at any time and will provide you with reasonable notice prior to cancellation. Except as if clause 7.3 applies, if we cancel this Agreement you will have access to the MySatGo Service for the remainder of the Service Period you have already paid for, but your membership will not automatically be renewed.
7.5 You may cancel your MySatGo Service at any time by notifying us and the MySatGo Service will be disconnected at the end of the current Service Period (or at the end of any trial period, if applicable). You may reconnect your MySatGo Service at any time via your MySatGo Account on the MySatGo Website however you may no longer be eligible for any trial or discounts you were receiving previously.
8. Liability
8.1 You will be responsible for all actions and omissions of any person who uses your MySatGo Service.
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. Our services provided to you under this Agreement 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). You may be entitled to a resupply or refund for a major failure and for compensation for any other loss or damage it causes.
8.3 Apart from any rights you have that cannot be lawfully excluded, we do not make any promises or assurances to you about the MySatGo Service and/or this Agreement. 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 the MySatGo Service or otherwise in connection with this Agreement are expressly excluded.
8.4 In addition to any rights against you that we may have under this Agreement, you will be liable to us and must keep us, our Business Partners, related companies, 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 the MySatGo Service to you or your use of the MySatGo Service, unless the loss, costs, expense, damage or other liability is caused by our, our Business Partners’, related companies’, suppliers’, agent’s or contractor’s wilful default, negligence or breach of this Agreement or any law.
8.5 Unless the law says otherwise, neither we nor our Business Partners, Related Companies, suppliers, agents or contractors will be responsible to you or any other person in connection with:
the suspension or restriction to the MySatGo Service in accordance with this Agreement or any interruption or delay to the MySatGo Service caused by matters outside our reasonable control;
any errors, viruses or bugs present in or arising from your use of the MySatGo Service that are not directly caused by or attributable to us;
any incompatibility of the MySatGo Service with any other software, hardware or material on your Registered Devices;
any damage to your property or your own equipment (for example, your Registered Devices, your television, computer, video-recorder or DVD player, including any burn-in suffered to your television monitor);
any misuse or failure of the MySatGo Service caused by you or anyone else viewing or using the MySatGo Service;
any loss you or any other person suffer as a result of:
you or anyone else viewing or using the MySatGo Service;
any misuse or unauthorised use of your login details or your MySatGo Streaming Account;
your internet service provider;
any other cause where the cause is outside our reasonable control;
use of your internet connection; or
your negligence or your failure to follow our reasonable instructions.
8.6 We do not accept any liability for any content provided by third parties as part of the MySatGo Service or for any product or service advertised, promoted, offered or sold by third party service providers for use in connection with the MySatGo Service or otherwise. While we will make efforts to ensure that the information contained in or on the MySatGo Service is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the MySatGo Service.
8.7 If we are responsible to you then, to the maximum extent permitted by law, you agree that we are not responsible in any way for any indirect or consequential loss arising out of or in connection with the MySatGo Service and/or this Agreement.
9. Intellectual Property Rights
9.1 Your use of the MySatGo Service and the MySatGo Application is protected by intellectual property laws and this Agreement.
9.2 Copyright, trade marks and all other intellectual property rights in all material, content or software supplied as part of the MySatGo Service will remain ours or, where applicable, our content partners or licensors. We grant you a licence to use such rights for your personal use of the MySatGo Service only, in accordance with this Agreement.
9.3 You will not, and you will not assist, facilitate or authorise any third party to:
copy, transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the MySatGo Application or any material or content you obtain from the MySatGo Service;
sell or make any charge for watching or using any part of the MySatGo Service; or
show any part of the MySatGo Service in public to an audience, even if no charge is made.
9.4 Content owners (including MySat) use content access technologies to protect their intellectual property, including copyrighted content. The MySatGo Service uses Microsoft PlayReady™, Google, Widevine and Apple Fairplay content access technologies to protect certain content. If the relevant technology fails to protect the content, content owners may require the MySatGo Service 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 MySatGo Service. If you decline such an upgrade, you will not be able to access content that requires the upgrade.
9.5 The MySatGo Application contains technology subject to certain intellectual property rights of the copyright owner of the relevant technology (e.g. Microsoft, Apple or Google). Use or distribution of this technology outside of the MySatGo Application is prohibited without the appropriate license from the applicable owner of the intellectual property rights.
10. Privacy and Data
10.1 By entering into this Agreement, you consent to us collecting, using and disclosing your Personal Information on the terms of MySat’s Privacy Policy and Privacy Notice.
10.2 The MySatGo Application will send information about itself and your Registered Device (including in relation to usage) to us. The information we collect includes your Registered Device unique device number or MySatGo Application number, the internet protocol address of your Registered Device, and information derived from the hardware configuration of it used to identify your Registered Device, to validate your right to use the MySatGo Service, and so that we can report on and improve the MySatGo Service. By using the MySatGo Application, you consent to the transmission of this information.
11. Content Classification
11.1 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 the MySatGo Service, you are responsible for making sure that the content is suitable for them.
11.2 Access to all Restricted Content may be restricted by the parental control feature in the MySatGo Application on all Registered Devices. The parental control feature allows you to use a PIN to limit access to content with certain content classifications. You can manage the parental control feature within the MySatGo Application on a Registered Device. The first time you access the parental control feature you will be asked to create a new PIN. This PIN will then apply on all of your Registered Devices. The PIN can be reset by you at any time via the parental control feature and those new settings will apply across all Registered Devices. We encourage you to keep your PIN safe and confidential and use it responsibly.
11.3 When you set up your MySatGo Account, 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. You are responsible for ensuring that only persons over 15 years of age are authorised to view MA15+ content and persons aged over 18 years of age are authorised to view R18+ content on any of your Registered Devices.
12. Promotion and Advertising
12.1 Your dealings with, or participation in promotions by, any third party advertisers on or through the MySatGo 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 the MySatGo Service.
13. Links to Third Party Sites
13.1 The MySatGo Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.
14. Notices and Revisions
14.1 If we give you any notice that is required under this Agreement, we shall give it to you by electronic communication (including via the MySatGo Website).
14.2 We will send notices to you using the contact details you have given us. 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 contacting us at support@mysatgo.com or by updating your contact information on your MySatGo Account.
15. General
15.1 We can transfer our rights and obligations under this Agreement to any company, firm or person. We can only do this if it does not affect your rights under this Agreement. You may not transfer your rights or obligations under this Agreement to anyone else, without our consent.
15.2 This Agreement is personal to you and no third party is entitled to benefit under this Agreement.
15.3 All or any part of any term of this Agreement 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.
15.4 This Agreement is governed by the laws of the State or Territory of the billing address attached to your MySatGo Account.
16. Definitions
Some words in this Agreement have a special meaning and are explained below.
Agreementmeans the agreement between you and us authorizing you to receive the MySatGo Service which is made up of these terms and conditions as varied from time to time, as well as your initial login details, the MySatGo Pricing Guide, the terms and conditions applicable to any offer you have selected, as well the MySatGo Website Terms of Use and MySatGo’s Privacy Policy.
Chromecast means any device known as ‘Chromecast’ produced by Google.
Device means a MySat authorised internet connected device that may be used by you to receive the MySatGo Service. These devices may be changed by us from time to time and we will provide as much reasonable notice as we can in the circumstances. A list of MySat authorised devices may be found on the MySatGo Website at https://www.mysatgo.com/ .
Entry Pack means the programming packs and such other packs as MySat may advise from time to time on the MySatGo Website.
MySatGo & MySat means MySat , its agents and contractors.
MySatGo Account means your account with us to receive the MySatGo Service, which you have set up on the MySatGo Website. Account number means the number assigned to your MySatGo Account.
MySatGo Application means the software application installed on your Registered Device to manage and view the MySatGo Service.
MySatGo Pricing Guide means the MySatGo price guide, as varied from time to time. Details of pricing may be found on the MySatGo Website at https://www.mysatgo.com/ .
MySatGo Service means the subscription video on demand and streaming service, as amended from time to time and made available to customers with access to programming packs to view on compatible Devices.
MySatGo Website means the website accessed at https://www.mysatgo.com/
Primary Device means a Device to which you are able to download and install the MySatGo Application.
Privacy Notice means our privacy policy (found on the Foxtel Website at https://www.mysatgo.com/ ) which explains how we and any member of our group of companies may collect, use and protect your information.
Registered Device means a Device that has been registered by you to a MySatGo Account.
Related Company means a company or entity that is wholly owned (directly or indirectly) by the MySat Partnership.
Restricted Content means content which is rated “MA 15+” or “R 18+”.
Service Fee means the monthly fee that you must pay for the delivery of the MySatGo Service you subscribe to, as it varies from time to time. Details of pricing may be found in the MySatGo Pricing Guide on the MySatGoWebsite.
Service Period means the monthly period explained in section 6.1.
Territory means Australia and its external territories where the MySat satellite television service is available.