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CSTVR Terms and Conditions
Terms and Conditions CSTVR Online Set-Top Box Terms and Conditions of Use Introduction 1. Information about these terms These are the terms on which we operate CSTVR Online Service, including providing access to the service. Please read this document carefully. 1.1 Disclaimer a. The materials on CSTVR Website are provided "as is". CSTVR makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CSTVR does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site. 2. Acceptance of these terms If we agree to provide you with full access to the Online Service by way of allowing you to access the partners registration option on the website, you will be taken to have accepted these terms: • When you click a button to confirm your acceptance when registering for the Online Service or have made a required minimum donation towards the service. 3. Accessing the full service 3.1 To access the full Online service, you need to register. However, if you do not wish to be a registered user, you will continue to have access to the default channel as a guest on the website. 3.2 To register for and access the full Online Service, you must complete the partner’s registration form and have a valid username, password. 3.3 If we agree to provide you access to the Online Service, we will issue you a username and you will need to choose a password with a minimum of eight characters with at least one capital letter, and one number. 4. Changes to Terms & Conditions a. We can change these Terms and Conditions at any time provided that we comply with this clause 4. b. We will notify you by email to the email address you provide us on sign up, of any updates to these Terms and Conditions. c. The most current version of the Terms and Conditions supersedes and replaces all previous versions and is available at "the Terms and Conditions" hyperlink located at the bottom of the main page of the CSTVR Website. 5. Restrictions on the use of the Services and Content a. You must: i. comply with the Usage Rules set out in the clauses below; ii. not use the Services on the CSTVR Website, or display, access or transmit the Content made available to you in a manner which results in you or a third party breaching any laws (including by infringing any person’s intellectual property rights or by breaching these Terms and Conditions); iii. not and must not permit, authorize or assist any other person to stream, broadcast, display, communicate or re-transmit the Content made available to you: 1. to the public or in a public area; 2. to another person; 3. for a commercial purpose. iv. not and must not permit, authorize or assist any other person to remove or interfere with any copyright notices or digital rights management software or restrictions connected to the Content made available to you; v. only and ensure that others only, stream and watch Content made available to you for personal, private use; vi. not and most not permit, authorize or assist any other person to reverse engineer, create derivate works of, modify, disable or alter the Services and Content from the CSTVR Website made available to you or any security, encryption or anti-piracy software or technology included in the Service or Content; and vii. not and must not permit, authorize or assist any other person to copy, reproduce, broadcast or communicate to the public the Content, except as expressly permitted in these terms and conditions. b. You acknowledge that there may be restrictions on your ability to rewind and replay Content that you stream as part of the Streaming Services and that you may only have access to certain Content within a set period of time. 6. Limitations on liability a. You acknowledge that streaming of Content via the internet may involve significant internet usage. The donation you make do not include any charges for internet usage. You are solely responsible for any internet usage or access charges that your internet service provider may apply in relation to streaming any Content you access as part of your Service or on a trial basis. b. You acknowledge that your ability to stream Content and the quality of the streaming is affected by many factors including the specifications of the device through which you are viewing the Content, the internet connection (including the speed of data uploading and downloading) through which the Content is streamed, other tasks that your device is performing whilst the Content is streaming as well as the amount of other traffic on the network at the time you are streaming the Content. c. You acknowledge that Content may not be immediately available for streaming once you have selected it. d. You also acknowledge that we may add, change, remove or amend any of the channels or functions of the Online Service at any time without prior notice to you. Not all Content or functions may be available at all times. e. In no event shall CSTVR or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on CSTVR website, even if CSTVR or its authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. f. The materials appearing on CSTVR website could include technical, typographical, or photographic errors. CSTVR does not warrant that any of the materials on its website are accurate, complete, or current. CSTVR may make changes to the materials contained on its website at any time without notice. CSTVR does not, however, make any commitment to update the materials. g. CSTVR has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CSTVR of the site. Use of any such linked website is at the user's own risk. 7. Donation payment a. Voluntary donation payments can be made to support and encourage improvement on the project. b. We will charge your credit/debit card or PayPal account with your voluntary donation amount if you choose this method of donation. All online donation payments will be processed securely by Paypal secure processing system. c. Voluntary donations will also be accepted through Direct Deposit or Bank Transfer into our account locally. d. Receipt for the payment of your donation can be created and sent to you on request via email. 8 Your Information 8.1 Maintaining your credit/debit card details a. If you choose to donate through your credit/debit card, all processing is done by PayPal and we do not hold, retain or store your credit/debit card details. 8.2 Maintaining Partners information and access a. You are responsible for ensuring your Partners information as entered in the registration form of the Website is current, accurate and complete. b. You are responsible for maintaining the confidentiality of your username and password information and for restricting access to your details. You acknowledge that it is important to keep your username and password information secret in order to prevent misuse of your information. 9 Intellectual Property 9.1 Copyright a. All data compilations and software and its compilation through the CSTVR Website is the property of CSTVR or its suppliers and is protected by Australian and international copyright laws. b. Unless otherwise specified, the Services on the CSTVR website and all Content accessed via the website are for your personal and non-commercial use and we grant you a limited license to access the CSTVR Website for that purpose. You may not download (other than through temporary page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or any information contained on, or obtained from, the CSTVR Website or via the Services without our express written consent. c. All broadcast content from the channels are the copyright of the respective broadcaster. Our platform only gave you alternative access (online) to the contents similarly accessible through other access means (e.g. hardware access means). 9.2 Endorsement from broadcasters a. Unless otherwise stated, this plaform (CSTVR) is not affiliated to, endorsed, authorized, sponsored or funded by the broadcasters whose channels are listed on this website. 10 General Terms 10.1 Assignment a. We may assign any or all of our rights and obligations pursuant to these Terms and Conditions without the need to obtain your consent. 10.2 Privacy a. CSTVR collects, stores, uses and discloses personal information in accordance with its "Privacy Policy". You agree to be bound by our Privacy Policy. 10.3 Applicable law a. Your use of this site and the Services is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia. 1 CSTVR Privacy Policy CSTVR and its related bodies corporate (we, our, us) recognize the importance of protecting the privacy and the rights of individuals in relation to their personal information. This document is our privacy policy and it tells you how we collect and manage your personal information. We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information. 2 What is your personal information? When used in this privacy policy, the term "personal information" has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information. 3 What personal information do we collect and hold? We may collect the following types of personal information: o name; o mailing or street address; o email address; o telephone number; o facsimile number; o age or birth date; o details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries; o any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise; o information you provide to us through our service centre, customer surveys and records of communications between you and us relating to products and/or services provided by us to you; o "promotion codes" if participating in any given competition or promotional offers; o payment method details; We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website. For example we may use cookies and affiliate marketing tracking technologies such as e-tags that may capture your user journey through different websites. 4 How do we collect your personal information? We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including: o through your access and use of our website; o during conversations between you and our representatives; or o when you complete a transaction We may also collect personal information from third party companies. 5 Cookies In some cases we may also collect your personal information through the use of cookies. When you access our website, we may send a "cookie" (which is a small summary file containing a unique ID number) to your computer. This enables us to recognize your computer and greet you each time you visit our website without bothering you with a request to register/login. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. Please note if your browser is set to not accept cookies, you will not be able to use our site or service. We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyze trends, administer the website, track users movements, and gather broad demographic information. 6 What happens if we can't collect your personal information? If you do not provide us with the personal information described above, some or all of the following may happen: o we may not be able to provide the requested products or services to you, either to the same standard or at all; o we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or o we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful. 7 For what purposes do we collect, hold, use and disclose your personal information? We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes: o to provide products and services to you and to send communications requested by you; o to answer enquiries and provide information or advice about existing and new products or services; o to provide you with access to protected areas of our website; o to assess the performance of the website and to improve the operation of the website; o to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties; o for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of CSTVR, its related bodies corporate, contractors or service providers; o to provide your updated personal information to our related bodies corporate, contractors or service providers; o to update our records and keep your contact details up to date; o to process and respond to any complaint made by you; o to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country; o for credit verification purposes, transactions, fraud and credit worthiness; o for billing purposes; o for debt collection; o to provide member and service user support. Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. 8 To whom may we disclose your information? We may disclose your personal information to: o our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants; o suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and o any organization for any authorized purpose with your express consent. We may combine or share any information that we collect from you with information collected by any of our related bodies corporate. 9 Direct marketing materials We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws. If you indicate a preference for a method of communication, we will endeavor to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us. We do not provide your personal information to other organizations for the purposes of direct marketing. 10 How can you access and correct your personal information? You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making the request and will not charge for making any corrections to your personal information. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it. 11 What is the process for complaining about a breach of privacy? If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. Our procedure for investigating and dealing with privacy breaches is: o Step 1: On discovery of any privacy breach that involves you we will contain the breach and escalate to the appropriate department to investigate. o Step 2: We will notify you of the outcome within a reasonable time. o Step 3: We will undertake best endeavors to prevent future breaches by making any necessary changes to processes. 12 Do we disclose your personal information to anyone outside Australia? We may disclose personal information to our related bodies corporate and third party suppliers and service providers located all over the world for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information. 13 Security We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorized access, modification or disclosure. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed. As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk. 14 Links Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices. 15 Contacting us If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please use the contact link on our website to contact us. We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner. 16 Changes to our privacy policy We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. This privacy policy was last updated on 10 December 2014.