1. Cluch Pty Limited (Cluch, Us, We or Our), is the owner and operator of Cluch TV.
2. Cluch TV is a live streaming and video on demand subscription service that provides its customers with access to a wide range of sporting events and programs and related audio-visual content (the Content) for streaming over the internet to a range of Devices, as defined below (the Service).
3.For certain Devices, the Service is accessed via a Cluch TV software application that allows You to manage and view the Service (the Cluch TV App) and You may need to install the Cluch TV App on that Device. If Your Device is a PC or a Mac, the Service is accessed via www.cluch.tv (the Cluch TV Website).
5. For Users who have purchased the Service in-app via the Apple Marketplace (i.e., the Apple App Store), visit cluch.tv for iOS Application T&Cs.
6. Subject to any applicable laws and paragraph 8 below, these Terms may be updated or amended at Our sole discretion at any time and no notice of the updated or amended Terms is required to be provided to You
7.We may also, at any time and without notice, change, delete, upgrade or add to the Service or the information, content, products or services described on it for any or no reason (a Content Change). We make no warranty or representation in relation to Content availability or Content Changes and no refunds will be given in relation to Content unavailability or Content Changes.
8. If We believe that any amendment to these Terms or any Content Change will have a material adverse effect on You, We will provide You with 21 days’ notice prior to making that amendment or change and You may cancel Your subscription to the Service in accordance with clause 41 below.
9. Subject to applicable laws and these Terms, We will not be liable for any loss, expense, damage or disappointment that You may suffer or incur as a result of changes to these Terms or any Content Change.
10. The Service can be purchased from www.cluch.tv. To access and subscribe to the Service, You must be at least 18 years old and You must provide Us with all required information, including Your email address and details of Your valid credit/debit card or PayPal account.
11. From time to time, We may reasonably ask You to provide Us with proof of Your identity and You will provide Us with that proof upon request.
12. You can view and change Your account details, including information about billing, payment and Your registered Devices, by visiting www.cluch.tv.
13. Users are responsible for all costs arising from the use of the Service including, without limitation, all Subscription Fees (as defined below), Content-related fees, browsing/data charges and internet/broadband costs associated with Your internet and mobile usage in accessing and using the Service. Subscription fees do not include browsing/data charges and internet/broadband costs, which are dependent on how much and how and where You download Content and use the Service. Please contact Your internet service provider or mobile telecommunications provider for details of Your fees, charges and costs.
14. You must ensure, both before You subscribe to the Service and while You continue to use the Service, that Your internet connection speed is appropriate for streaming live and delayed audio-visual sporting and other Content and that Your mobile phone and mobile phone operating system, Your computer, Your tablet and any other associated connected equipment or property (including Your television) that You use to view or access the Service and any Content (the Devices) are compatible and satisfy all other technical requirements. The Software (as defined below) used to access the Service and view the Content may vary by device and medium, and functionalities and features may also differ between devices.
15. We are not responsible for any problems or technical malfunction of any Devices, any software or any failure to access the Service or view the Content on account of technical problems, including any injury or damage to You or any Devices related to or resulting from You using the Service or viewing the Content.
16. The quality of the display of Content, and the time it may take to commence or resume watching Content, may vary from time to time and between Devices, based on factors including (but not only) Your location, internet speed or bandwidth and the type of Device. Not all Content is available in HD. We make no warranties or representations about the quality of Your viewing experience or the time it may take to commence or resume viewing, nor that Your viewing experience will be seamless or uninterrupted
17. As a web-based service, We may undertake maintenance or upgrades to and/or there may be unplanned outages to, the Cluch TV Website and/or Cluch TV App. Maintenance, upgrades or outages may affect Your ability to access the Service. We will use Our reasonable endeavours to limit such incidents.
18. From time to time, You may be required to upgrade the Software to continue using the Service. If You decline an upgrade, You may not be able to use or access the Service.
19. You must not remove any proprietary notice of Us or any of Our content partners or licensors from the Content, the Software, the Cluch TV Website or the Cluch TV App.
20. The number of simultaneous streams You can use across Your Devices to view the Service at any one time will depend on Your Subscription Plan (as defined below) with Us and You cannot use more than any stated number of simultaneous streams.
22. You can subscribe to the Service by purchasing one of the Subscription Plans available at www.cluch.tv (the Subscription Plan).
23. The price for each Subscription Plan will be displayed at the time of purchase, including, where applicable, any free trial period or introductory or initial-only reduced pricing for a specified period (the Subscription Fee). You must pay the Subscription Fee in advance of each subscription period, which is generally monthly.
24. We may change Your Subscription Fee at any time, generally by giving You at least 21 days' notice, but we may also change Your Subscription Fee without notice if required by law, or if any regulatory authority requests or requires a change to any part of Our pricing that directly affects Your Subscription Fee or Our pricing structure (if this happens We will use Our best endeavours to give You reasonable notice)
25. Your Subscription Plan for the Service will automatically renew unless You cancel Your Subscription Plan through Your account prior to Your renewal date (the Renewal Date) or We explicitly state otherwise. This means if You do not cancel by the Renewal Date, We will automatically renew Your Subscription Plan and Your nominated account/credit card will be charged
26. If You subscribe to the Service and You wish to cancel Your auto-renewal or change Your Subscription Plan, You can do so from Your Device in the ‘Settings’ section of www.cluch.tv. Unless it’s during a free-trial period, cancellation of Your auto-renewal will only be effective at the end of the then-current monthly subscription period and You will continue to have access to the Service on the terms of Your original Subscription Plan until the end of the relevant monthly subscription period. No pro-rata refunds will be provided to You if You cancel during a monthly subscription period.
27. We may offer free trial periods to the Service from time to time. During any free trial period You subscribe for, You will not be required to pay any Subscription Fee. However, Your credit card may be charged a small nominal amount to verify Your credit card information, but this verification charge should be refunded without You needing to take any further action. You may cancel Your free trial subscription prior to the end of the free trial period (and You will no longer have access to the Service immediately upon cancellation). If You do not cancel Your free trial subscription by that time, You will be charged the Subscription Fee in accordance with the Subscription Plan that You selected during Your initial registration for the free trial, as set out in clause 22.
28. We may also offer other promotional discounts or benefits. We reserve the right to offer, withdraw, change, cancel or determine You ineligible for any promotional discounts or benefits or any free trial in Our absolute discretion or to impose any terms and conditions in relation to Your access to any free trials or promotional discounts or benefits, which will apply in addition to and which shall prevail to the extent of any inconsistency with, these Terms.
29. If You wish to upgrade Your Subscription Plan, You will be able to access Your new Subscription Plan as soon as practicable. If You upgrade during Your current subscription period, the new Subscription Fee will be applied pro-rata for the remainder of that subscription period (unless You are in a free trial period) and You will be charged the new Subscription Fee immediately upon the upgrade. The full Subscription Fee for Your new Subscription Plan will be charged in advance at the start of Your next subscription period.
30. If You wish to downgrade Your Subscription Plan, the downgrade will take effect at the end of Your current subscription period (or free trial if applicable) and no pro-rata refunds will be provided. You will be charged Your new Subscription Fee at the start of Your next subscription period.
31. No refunds will be given for incorrect choices or as a result of You changing Your mind unless We agree in Our absolute and sole discretion. If You have paid for Your Subscription Plan by credit card or via Paypal via the Cluch TV Website or Cluch TV App and You are entitled to a refund at law or We elect, in Our absolute and sole discretion, to provide a refund, then the refund can only be processed back to that same credit card from which the payment originated. It may take US up to fourteen (14) days to confirm Your payment and issue the refund. Refunds for any Subscription Plans purchased via the Apple Marketplace (currently the Apple App Store) or the Android Marketplace (currently the Google Play store), will be made in accordance with the relevant terms and conditions of the those marketplaces.
32. The Service, the Software and any Content You view via the Service are for Your personal, non-commercial use only.
33. You must not permit the Service or Content to be viewed in public areas or in commercial premises.
34. We grant to You a limited non-exclusive, personal and non-transferable licence to:
a. access the Service and view the Content through the Service on a streaming basis; and
b.install and use any software and/or applications (including, without limitation the Cluch TV app) provided to You by or on behalf of Us in connection with Your use of the Service (Software) in object code form only and solely for the purpose of accessing the Service and viewing Content through the Service, subject to the terms and conditions set out in these Terms.
35. You are not permitted to download, alter, modify, copy, record, distribute, transmit, re-transmit, reproduce, republish, display, perform, post, broadcast, upload, communicate, publish, licence, decompile, reverse engineer, create derivative works from, offer for sale or use any of the Service, the Content, the Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Service, the Content, the Cluch TV Website or Cluch TV App, or authorise or assist anyone else to do so.
36. You must comply with Our instructions on how to access and use the Service. You must not use the Service or any Content or the Software for any improper or unlawful purpose and You must not allow anyone else to do so.
37. You must not circumvent, disable or otherwise interfere with or attempt to circumvent, remove or alter any security-related features of the Service or any features that prevent or restrict the use, distribution or copying of the Service or any Content, including any digital rights management, geo-blocking and anti-piracy measures employed by Us.
38. We reserve the right to refuse access to the Service in Our sole discretion. You are solely responsible and liable for activity that occurs on Your account and You are responsible for maintaining the confidentiality of Your password and account details.
39. You are responsible for keeping Your account 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. If We believe that there has been, or is likely to be, a breach of security of Your password, We may block Your password and require You to reset Your password.
40. We may cancel the Service at any time and, in those circumstances, We will use Our reasonable endeavours to provide You with reasonable notice prior to cancellation. Where cancellation by Us is due to Your breach of any of these Terms, We are under no obligation to provide any refund or provide notice.
41. If You wish to cancel Your Subscription Plan as a result of Us changing these Terms in a way that has a materially adverse effect on You, You must notify Us within 14 days of Our notice to You about that change and, in those circumstances, Your cancellation will be effective as of the date of the change to these Terms and You will receive a pro-rata refund for any amount already paid to Us in respect of any period after that date.
42. We may, in Our absolute and sole discretion, terminate or suspend Your Subscription Plan and Your access to all or part of the Service (or any Content) at any time, with or without notice, if:
c) You breach any of the Terms;
d) that is reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;
e) You use the Content or the Service other than for private, non-commercial use, or in a way that is inconsistent with these Terms or the requirements or directions of Our content providers;
f) We reasonably believe Your account details are incorrect, there has been unauthorised access to Your account or the Service is unsecure or is being used in breach of these Terms;
g) any payments owed to Us by You have not been paid by the due date; or
h) We consider that You have committed or may be committing any fraudulent or illegal activity in connection with Your or any other person’s use of the Service or Software.
43. All Content on or available through the Service (including the Content and all other works, subject matter and other material comprising or available on the Cluch TV Website or Cluch TV App), as well as all copyright, trade marks and intellectual property rights in all material, content or software supplied as part of this Service, other than User Generated Material (as defined below), are owned by Us or, where applicable, Our licensors, content partners or advertisers (including the governing sports bodies that licence to Us the right to include certain Content within the Service), and You obtain no interest in those rights. We grant You a licence to use such rights solely for Your personal use of the Service only and solely in accordance with these Terms.
44. All Content on the Service is protected by Australian and international copyright and other intellectual property laws. You may not do anything that interferes with or breaches those laws or intellectual property rights in the Content or the Service.
45. You will not, and You will not assist, facilitate or authorise any third party to:
a) copy, transfer, publish, rent, reproduce, record, upload, communicate, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the Service or any Content;
b )sell or make any charge for watching or using any Content or any part of the Service; or
c) show any part of the Service or Content in public to an audience, even if no charge is made.
46. Content owners (including Us) use content access technologies to protect their intellectual property, including copyrighted content. The 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 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 Service or any Content. If You decline such an upgrade, You will not be able to access Content that requires the upgrade or, potentially, the Service.
47. The Service 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 Service is prohibited without the appropriate license from the applicable owner of the intellectual property rights.
48. This Service may include Content owned by a third party that is subject to that third party’s terms and conditions of use. We encourage You to read those third-party terms and conditions of use prior to accessing such third-party content. As We have no control over such Content, You acknowledge and agree that We are not responsible for the availability of the third-party content and that We neither endorse nor are We responsible for any such Content, including advertising, products or other materials. We will 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 Service.
49. The Service may contain facilities (including facilities provided via social media sites such as Twitter and Facebook) that enable Users to interact with other Users and post and/or upload or communicate content (including text, audio, video and photographs) (User Generated Material).
50. You are responsible for any User Generated Material that You post, upload, communicate or otherwise make available via the Service. You must not post, upload, communicate or otherwise make available User Generated Material:
a) that is abusive, defamatory, obscene, profane or vulgar;
b) that is likely to offend, insult, humiliate or intimidate others based on nationality, gender, age, race, religion, sexual orientation, or any disability;
c) that is not Your original work, or that violates or infringes the rights of any other person, including material that is protected by copyright, trade mark or other intellectual property rights;
d) that is false, misleading or deceptive;
e) in a way that impersonates any person or entity or otherwise misrepresents Your sponsorship, approval or affiliation with a person or entity; or
f) that violates any legislation, law, regulation or common law.
51. We assume no responsibility for monitoring the Service for inappropriate User Generated Material. If at any time We elect, in Our sole discretion, to monitor User Generated Material on the Service, We nonetheless assume no responsibility for any User Generated Material and no obligation to modify or remove any inappropriate User Generated Material. We may reject, refuse to post or delete any User Generated Material for any or no reason.
52. We make no warranties or representation and accept no liability in relation to any User Generated Material including its content, adequacy, completeness or accuracy.
53. You grant to Us, Our assignees and authorised nominees a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, publish, display, modify, perform, adapt, communicate, reproduce, exploit, exhibit and in all media throughout the world any User Generated Material posted, uploaded, communicated or otherwise made available by You via the Service.
54. To the extent permitted by applicable law, You unconditionally and irrevocably:
a) consent, and will obtain all other necessary unconditional and irrevocable written consents from any persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material that is posted, uploaded, communicated or otherwise made available by You via the Service; and
b) waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights.
55. Terms and conditions of entry for any promotion or competition (Competition Ts & Cs) conducted via the Service will be accessible at www.cluch.tv/competitions. You should read those Competition Ts & Cs in conjunction with these Terms.
56. You will be responsible for all actions and omissions of any person who uses Your Service.
57. Nothing in these Terms restricts, excludes or modifies any rights or remedies that You have under existing laws or regulations or codes, including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory fair trading laws. The Service comes with statutory guarantees under consumer protection laws that cannot be excluded. To the maximum extent permitted by law, however:
a) We do not make any promises or assurances to You about the Service, any Content or any Software including, without limitation, that Your use of the Service or that Software will be uninterrupted or error-free;
b) the Service and all Content and any other features or functions associated with the Service are provided "as is" and "as available" with all faults and without warranty;
c) We make no representations or warranties in relation to the accuracy or completeness of the information, advice or other Content available on or via the Service (irrespective of whether it is delivered via the Cluch TV Website or Cluch TV App) and We do not accept any liability in relation to Your reliance on such information, advice or other Content; and
d) 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 Service, Your viewing of the Content or otherwise in connection with these Terms are expressly excluded.
58. We and Our related bodies corporate, shareholders, directors, officers, employees, suppliers, content partners and licensors (each an indemnified party) do not make any promises or assurances to You about the Service or the Content or the Software and no indemnified party will have any responsibility or liability to You or any other person in relation to any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity, including through Our negligence) that is or may be suffered or incurred by You or any other person, including without limitation damage to Your software, hardware or any other device, arising from Your use of or access to this Service or any Content or Software (or the Cluch TV Website or Cluch TV App).
59. You must take Your own precautions to ensure that any Content within the Service that You use or view is free from viruses, worms, trojan horses or any other harmful component that may interfere with or damage the operation of Your software, hardware or any other Device used to access the Service or any Content.
60. Where permitted under local law (including the Australian Consumer Law where relevant), Our liability and the liability of any indemnified party for any breach of a term or condition implied by law is limited, at Our discretion, to the supply of any service again or the payment of the cost of having any service supplied again. However, We cannot limit such liability in this manner if You establish that it would not be fair or reasonable for Us to do so.
61. The information within the Service is not comprehensive and is intended only to provide a summary of the subject matter covered. We do not undertake to keep the Service up-to-date and We are not liable to You or any other person for any loss or disappointment suffered if the Service or Content within it is not available or the Content within the Service is incorrect, incomplete or not up-to-date. You must make Your own assessment of it and rely on it wholly at Your own risk.
62. In addition to any rights against You that We may have under these Terms, You will be liable to Us and must keep Us and each indemnified party fully 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 or any indemnified party by You or any person other than You, which arises from or is connected with:
a) Our supply, suspension, restriction, cancellation or removal of the Service to You or Your use of the Service or any Content; or
b) Your use of or access to the Service, including in connection with any Content, information or other material posted on the Cluch TV Website or Cluch TV App;
unless the loss, cost, expense, damage or other liability is caused by Our wilful default, gross negligence or deliberate and material breach of these Terms or any law.
63. You agree to fully indemnify and hold harmless Us and each indemnified party against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with and arising from:
a) Your use of or access to the Service in breach of these Terms; or
b) User Generated Material which You post, upload, communicate or otherwise make available.
64. The indemnities in these Terms will survive these Terms and Your use of the Service.
66. 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 (or any other people) to view Content via the Service, You are responsible for making sure that the Content is suitable for them.
67. When You set up Your Service and account, You are applying to access Content and You must provide a declaration that You are over 18 years of age in order to access that Content. You are responsible for ensuring that only persons over 15 years of age are authorised to view MA15+ rated Content on the Service.
68. Your dealings with, or participation in promotions by, any third-party advertisers on or through the Service are solely between You and such third party. You agree that We and each indemnified party will 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 Service.
69. If We give You any notice that is required under these Terms, We shall give it to You by electronic communication (including via publication on the Cluch TV Website).
70. We can transfer Our rights and obligations under these Terms to any third party, provided that transfer does not detrimentally affect Your rights under these Terms. You must not transfer any or all of Your rights or obligations under these Terms to any other person.
71. All or any part of any term of these Terms 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.
72. Your use of the Service and these Terms are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.