FREE SPORTS AND MOVIES OFFER
1. This promotion is available to new AUSTAR residential customers who subscribe between 1 April and 2 June 2012 via the AUSTAR website (www.austar.com.au). Offer may be extended.
2. Under this promotion, customers will receive the following discounts:
3. Customers must sign up to a Minimum Term of 1 month only and have the flexibility of a no lock-in contract. Customers must pay by credit card direct debit or bank account direct debit.
4. The Total Cost for this package is $45 for 1 month only as customers can disconnect from the AUSTAR service after the first month. To continue to receive the promotion for the following 5 months, customers must continue to subscribe to the Starter Pack ($45/mth).
5. Customers can change or remove any Option after a month and make other changes to their account or payment method, by contacting us. If, in addition to the package described in paragraph 2, a customer subscribes to other Options and any Extras, these will be charged at their standard prices. Standard prices are set out in the AUSTAR Price Guide available at www.austar.com.au and a copy is provided to customers when they sign up. A customer must subscribe to the Starter Pack ($45/mth) in order to remain a subscriber.
6. If a customer makes no changes to the package described in paragraph 2 it will cost them $77/ mth when discounts end and standard prices apply.
7. Customer-specific information about the total cost of their AUSTAR package over the Minimum Term will be provided when the customer signs up.
8. An additional fee may apply if a customer requires a non-standard installation (e.g. a ground mount installations, remote satellite installations, owner install areas and multi-dwelling units).
9. This promotion cannot be combined with any other promotion from AUSTAR, except the Additional Outlet Offer and MyStar Member get Member Offer.
10.The AUSTAR service is not available in some areas of Australia and some multi-dwelling complexes may not be able to receive certain channels (including Pay Per View) and interactive services for technical reasons.
11. Pricing and cost information provided above is as at 20 March 2012 and includes GST.
12. AUSTAR Customer Agreement will apply. AUSTAR Entertainment Pty Ltd ABN 93 068 104 530.
ADDITIONAL OUTLET OFFER TERMS AND CONDITIONS
1. This promotion is available to new and existing AUSTAR residential customers who take up the offer between 16 January 2010 and 31 March 2012.
2. Under this promotion, customers who take Starter Pack and MyStar or any 3 or more channel Options and take an AUSTAR outlet in another room will receive the following discounts:
3. If the additional outlet is a MyStar or MyStar HD, then the standard monthly subscription fee will continue to apply on that outlet (which may be discounted by another promotion). The above discount applies to the cost of additional outlet fee only ($12.95).
4. If a customer no longer subscribes to a MyStar or the required number of channel Options as set out in clause 2 above, the cost of any additional outlets will then be charged at the standard price of $19.95 per month. Standard prices are set out in the AUSTAR Price Guide available at www.austar.com.au and a copy is provided to customers when they sign up.
5. An additional fee may apply if a customer requires a non-standard installation (e.g. a ground mount installations, remote satellite installations, owner install areas and multi-dwelling units). Non-standard installation fees will be quoted on an individual basis when a customer first speaks with our Call Centre about subscribing.
6. The AUSTAR service is not available in some areas of Australia and some multi-dwelling complexes may not be able to receive certain channels (including Pay Per View) and interactive services for technical reasons.
7. Pricing and cost information provided above is as at 25 August 2011 and includes GST.
8. AUSTAR Customer Agreement will apply. AUSTAR Entertainment Pty Ltd ABN 93 068 104 530.
AUSTAR CUSTOMER AGREEMENT
1 Agreement
1.1 This Agreement
This agreement includes the following documents:(a) these terms and conditions;(b) the Welcome Letter;(c) the Price Guide;(d) the Work Order; and(e) if you acquired the AUSTAR TV Services from one of our door to door or kiosk sales representatives, the Sales Form which also describes your cooling off rights under a door to door sale.
1.2 Authorised Persons
We may use Authorised Persons to perform our obligations under this agreement.
1.3 Variation
(a) We may vary any term of this agreement at any time by giving you at least 21 days notice.b) If any variation has more than a nominal detrimental effect on you, then you may, within 30 days of receiving notice of the variation, terminate this agreement in accordance with clause 9, and if you do, the variation will not be applied to you and you will not be liable to pay the Early Termination Fee.(c) Your rights to terminate under this clause 1.3 do not apply where the variation is a variation of the AUSTAR TV Service, as described in clause 3.5, or a variation of fees and charges to reflect increases in CPI or GST as described in clauses 6.3(a) and 6.4.
2 Term
2.1 Minimum Term
This agreement starts when you order the AUSTAR TV Service. Unless otherwise advised to you when you subscribe to the AUSTAR TV Service, you agree to a minimum term that starts on the date we first supply you with the AUSTAR TV Service and continues for the minimum term that you agree to when you first subscribe.
2.2 Expiry of Minimum Term
This agreement continues after the expiry of the Minimum Term until terminated in accordance with its terms.
3 AUSTAR TV Service
3.1 AUSTAR TV Service
We will provide you the AUSTAR TV Service that you subscribe to.
3.2 Use of AUSTAR TV Service
The AUSTAR TV Service is provided for private use in your Premises only. You must not use the AUSTAR TV Service for commercial purposes or connect the AUSTAR TV Service to any television or monitor in a Public Viewing Area (whether directly or indirectly by any means).
3.3 Unauthorised use of the AUSTAR TV Service
You must not copy the AUSTAR TV Service or any part of it or split, redirect, redistribute or otherwise offer or make available any AUSTAR TV Service to be viewed in any other place outside your Premises or move the Equipment from one outlet to another within your Premises, without our prior written approval. We may suspend provision of the AUSTAR TV Service if we reasonably believe that you have breached this clause or clause 3.2. In these circumstances we may terminate or suspend this agreement in accordance with clause 9 if we have asked you to explain your conduct and you have failed to do so satisfactorily.
3.4 Option change
You can upgrade, sidegrade or downgrade Options included in your AUSTAR TV Service online or by telephoning or writing to us, but you must continue to subscribe to the Entry Level Option. We may require you to keep an Option for one month and in the case of the MyStar Service, for three months.
3.5 Changes to AUSTAR TV Service
We may vary the AUSTAR TV Service at any time, including the channels, make up of Options, Equipment, advertised programs, content, features or transmission times. If we withdraw a channel or feature of the AUSTAR TV Service which causes a more than nominal detrimental change to the AUSTAR TV Service and we do not reduce the price accordingly or do not replace the channel or feature with a similar genre channel or feature, you may, within 30 days of receiving notice of the variation, terminate this agreement in accordance with clause 9, and if you do, the variation will not be applied to you, and you will not be liable to pay the Early Termination Fee.
3.6 Additional services
You may choose to purchase additional pay-per-view or other subscription TV services from us, for example the BOX OFFICE service, and you authorise us to charge any payment for these services to your account in accordance with this agreement. Each purchase will be on such terms as we advise you at the time of purchase and subject to the terms of this agreement.
3.7 Parental Control
We provide a parental control facility in connection with your use of the AUSTAR TV Service. It is your responsibility to set up and activate the parental control functionality and keep the PIN secure. You must use the parental control functionality in conjunction with Adults Only services.
4 Equipment
4.1 Equipment
We will provide you with Equipment in order to enable you to receive the AUSTAR TV Service. We will not provide you with a television set or monitor. If we are not able to provide you with the Equipment you need to receive the AUSTAR TV Service, we will advise you when you order the AUSTAR TV Service. You may only use the Equipment to receive the AUSTAR TV Service, and not for any other purpose without our prior written approval.
4.2 Access
You must provide us and our Authorised Persons with safe access to your Premises for the purpose of installing, maintaining, using, removing, replacing or repairing the Equipment and, where relevant, the Antenna. You must comply with the reasonable requirements of our employees and our Authorised Persons regarding access to your Premises, including those regarding their safety.
4.3 Installation
We or our Authorised Persons may install the Equipment and the Antenna (if applicable) at your Premises. You must provide a suitable place at the Premises for installation of the Equipment and the Antenna (if applicable). If we are not able to install the Equipment or the Antenna and you need to obtain services from a third party in order to enable the installation, we will advise you when you order the AUSTAR TV Service. You must provide electricity and power points for the Equipment at your own expense. We do not guarantee that we will meet any agreed date or time for installation of the Equipment or the Antenna or any other access by us to your Premises. You or we may terminate this agreement in accordance with clause 9 if installation of the Equipment and the Antenna (if applicable) is not completed within 90 days of you ordering the AUSTAR TV Service and such failure is not due to or contributed to by the terminating party. No Early Termination Fee will apply.
4.4 Unauthorised use of Equipment
(b) If you receive the AUSTAR TV Service through more than one outlet and you wish to disconnect one or more of those outlets, AUSTAR may require you to return the Equipment associated with the disconnected outlet.
4.5 Loss of & Damage to Equipment
(a) You must keep the Equipment in good repair, fair wear and tear excepted.(b) You must contact us immediately:(i) if the Equipment is lost, stolen, faulty or damaged; or(ii) in the case of a satellite dish or mount, if you suspect that the Equipment has come loose.(c) If the Equipment does not work properly, please notify us (as set out in clause 11.2). We will repair or replace the faulty Equipment free of charge. However, subject to your rights under clause 7.3, we may charge you the Equipment replacement fee and service call fee specified in the Price Guide if:(i) the Equipment is not in fact faulty;(ii) you have damaged the Equipment through misuse; or(iii) you have otherwise breached this agreement.(d) You must not allow any person other than us or an Authorised Person to service or repair the Equipment without our prior written approval.(e) This clause 4.5 does not apply to the Satellite System for Remote Customers after the three month period referred to in clause 4.7(b)(i) below, or Owner Install Customers referred to in clause 4.8 below.
4.6 Smartcard
You must only use the Smartcard at the Premises and with the other Equipment provided by us.
4.7 Satellite System – Remote Customers
(a) This clause 4.7 applies to Remote Customers only.(b) The Equipment we will provide and install under this clause 4 will include a Satellite System. However, you will own the Satellite System from the date of installation and are responsible for maintaining it as follows:(i) in addition to your rights under clause 7.3, if the Satellite System fails to comply with its specifications during the first three months from installation through no fault of yours, we will (at our choice) replace or repair the Satellite System at no cost to you; and(ii) upon expiry of the three month period referred to in paragraph (i), you will be entirely responsible for the ongoing maintenance and operation of the Satellite System and ensuring that it meets the Satellite System Specifications, except to the extent that clause 7.3 applies.(c) If you have any queries regarding your Satellite System, please contact us (as set out in clause 11.2) and we will endeavour to further assist you.
4.8 Satellite System – Owner Install Customers
(a) This clause 4.8 applies to Owner Install Customers only.(b) You are responsible for the purchase and installation (at your own cost) of the Satellite System. The Satellite System will belong to you and you will be entirely responsible for its ongoing maintenance and operation and ensuring that it meets the Satellite System Specifications, in order for you to receive your AUSTAR Services. We cannot give you more than 5 outlets as part of your AUSTAR TV Service or MyStar Service under this agreement.(c) Once your Satellite System has been purchased and installed, unless you have made other arrangements with us, please contact us (as set out in clause 11.2 below) and we will mail your Equipment to you (including instructions on how you install it). Once you have received and installed the Equipment and informed us of this, we will activate your AUSTAR TV Service. Your AUSTAR TV Service subscription starts on the day this activation occurs.(d) If you elect to have AUSTAR’s recommended technicians install your Satellite System, they will bring the other Equipment you need with them for the installation and will call us from your Premises to activate your AUSTAR TV Service immediately after your Equipment is installed.
5 MyStar
5.1 Recording
(a) You will only be able to record programs to the MyStar that are available on the MyStar Service that we supply to you. You cannot record interactive services to the MyStar.(b) We may restrict your ability to record certain programs to the MyStar or limit the time for which you can keep recordings of certain programs. We will advise you of limitations like this before your programs are purchased or ordered.(c) Any programs that you have recorded to the MyStar may be erased and irretrievable from the MyStar, including if any of the following events occur:(i) the MyStar Service is suspended in accordance with this agreement;(ii) this agreement is terminated for any reason;(iii) we are required to do so by a content supplier;(iv) for any of the reasons covered by clause 7.1;(v) we reformat the MyStar;(vi) you attempt to use the MyStar otherwise than in accordance with its operating instructions.(d) We may from time to time download content, software, additional features or functionality to the MyStar and this may affect the total amount of space available to you for recording programs and your ability to record during the download.
5.2 Free-to-air TV channels
(a) Local free-to-air TV channels you receive through the MyStar do not form part of the AUSTAR TV Service. The signals carrying these channels are transmitted to you by the channel broadcasters in your licence area and are picked up by your free-to-air antenna.(b) AUSTAR is not responsible for the reception quality or content of local free-to-air TV channels you receive through the MyStar. If you are not receiving local channels properly we recommend you check your free-to-air digital TV antenna. If you have any complaints about content on a local channel, contact the local channel broadcaster.(c) The MyStar electronic program guide may give you access to local channel schedule information. This information comes from the local channel broadcaster, who might not make it available or keep it accurate.
6 Your Obligations
6.1 Billing
You must provide us with accurate and complete billing information including your legal name, address and telephone number.
6.2 Fees and charges
You must pay us all fees, charges and taxes that apply to the AUSTAR Services by the due date. If you think we have made a mistake, you must notify us immediately. Once that mistake has been remedied, you must pay the amended amount by the due date and the remedy will be reflected in your next statement. If you do not pay the amounts that you owe by the due date we may suspend your access to the AUSTAR TV Service or terminate this agreement in accordance with clause 9. We may charge you the following fees specified in the Price Guide:(a) a late fee if you do not pay your account by the due date;(b) a reconnection fee to reactivate your AUSTAR TV Service if it has been suspended because you have not paid your account by the due date or because you breached this agreement;(c) a paper statement fee;(d) a fee for payment by a particular method.Monthly and total cost information we provide you is based on then current standard prices. Total cost may be overstated by a small amount due to rounding by our computer systems.
6.3 Variation to fees and charges
(a) We may increase our fees and charges once in each calendar year of the term of this agreement to reflect any increase in the Consumer Price Index by providing you with 21 days notice of the increase, and you may not terminate this agreement because we have done so.(b) We may make other changes to our recurring fees or other charges by giving you 21 days notice of the changes and clause 1.3(b) applies.
6.4 GST
Fees and charges specified in this agreement include goods and services tax at the rate of 10%, where applicable. If the rate of GST is varied at any time, fees and charges will be adjusted as applicable without notice to take account of this variation, and you may not terminate this agreement because of this variation. We will provide a tax invoice to you within 28 days of your request to us.
6.5 Intellectual Property
You must not publish or use, without our prior written approval, any trademark, trade name, logo or service mark of ours or our licensees. You indemnify us against any claim, loss or damages arising out of any unauthorised use by you of any intellectual property comprised in the AUSTAR TV Service.
6.6 Consent
The Work Order requires you to declare that you have obtained all necessary consents of the owner/s of the Premises or any equipment on which the AUSTAR TV Service is to be installed. If you falsely declare that you have obtained all necessary consents, you are liable to us for any claim made by the owner/s regarding the installation. If the owner/s require us to remove the Equipment or the Antenna from the Premises, then we may charge you a service call fee. If the Premises are sold, you must use your best endeavours to ensure that the purchaser agrees to observe the terms of this agreement with regard to the Equipment and in particular, you must notify the purchaser that the Equipment is our property unless clause 4.7 or 4.8 applies.
6.7 Security
You must take reasonable steps not to disclose any usernames, passwords, passcodes (including but not limited to PINs) or account information to unauthorised persons. If you do disclose such information to an unauthorised person, you must immediately notify us. Until you notify us, you will be responsible for any unauthorised use of the AUSTAR TV Service facilitated by the use of disclosed information. You will be liable for any transaction that is initiated from Equipment we provide you.
6.8 Credit Risk
(a) We may terminate or suspend this agreement in accordance with clause 9 if we reasonably believe that the account will not be paid or that Equipment will not be returned in accordance with this agreement.(b) We may impose a credit limit on your account which restricts your access to certain AUSTAR TV Services, for example, the BOX OFFICE service.
6.9 Payment by direct debit
If you pay by direct debit, the terms are set out in the Easy Pay Service Agreement.
7 Liability and warranties
7.1 Service Availability
AUSTAR is not available in some areas of Australia. We are not responsible for interruption or delay to the AUSTAR Services due to any events beyond our reasonable control including equipment or transmission failures or due to weather. You may terminate this agreement in accordance with clause 9 if there is a prolonged interruption to the AUSTAR TV Service of more than 14 days provided that you do so within 30 days of the interruption. No Early Termination Fee will apply.
7.2 No Liability for Content
We do not warrant or represent that the content of the AUSTAR TV Service is suitable for viewing by any particular audience. We do not accept responsibility for the accuracy of information contained in the AUSTAR TV Service.
7.3 Guarantees on Service/Equipment
Nothing contained in this agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other terms, implied or imposed by any legislation that cannot be lawfully excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.In particular, any goods that we provide to you under this agreement come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other loss or damage it causes. You are also entitled to have any such goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
7.4 Damage to Premises
You accept that the installation of the Equipment and the Antenna (if applicable) may involve alteration to your Premises. We do not accept any liability for damage to the Premises caused by structural defects or the effects of normal wear and tear on the Equipment or the Premises themselves, except where we have breached any of your rights under the Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited as set out in clause 7.3.
7.5 Damage to your Equipment
We do not accept any liability for any damage to your Equipment which may occur due to using the AUSTAR TV Service, including any burn-in affecting your television monitor, except where we have breached any of your rights under the Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited as set out in clause 7.3.
7.6 Indirect Loss
Except where we have breached any of your rights under the Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited as set out in clause 7.3, we do not accept any liability in contract, negligence or on any other basis for any indirect loss, consequential loss, special loss, economic loss, loss of data, loss of profits, loss of income, loss of revenue or loss of goodwill, arising out of or connected in any way with this agreement.
8 Security and Customer Information
When you apply for and use the AUSTAR TV Service, we will collect personal information about you (that is, information from which your identity can reasonably be ascertained). The personal information we collect about you will include your name, address, contact details (including your telephone numbers and email address), information for identification purposes, information about your credit card or bank account details and information to help us assess your credit application where relevant. We will also hold information relating to the provision of the AUSTAR Services to you or that you provide us, including information on any person you authorise to act on your behalf in your communications with us or that you otherwise give us in connection with the agreement or any products and services we provide to you.
8.1 Purpose of Collection
We need to collect personal information about you for several reasons. This includes setting up and managing your account, so we can provide you with the products and services you have requested, and so we can manage our relationship with you as a customer. If you don’t provide us with your personal information, we won’t be able to provide you with the AUSTAR TV Service and might not be able to provide you with other products and services. We also need to collect personal information so that we can keep you informed about the AUSTAR Services, and other products and services that may be of interest to you.
8.2 Use and Disclosure
We will use and disclose your personal information for purposes permitted by the Privacy Act 1988 (Cth) and purposes that you consent to under this clause. You consent to us using and disclosing your personal information:(a) to enable us to perform our obligations to you under the agreement;(b) to enable us to ensure that you perform your obligations under the agreement;(c) to a credit reporting agency. The disclosures we make will include information relating to your credit application including identifying information about you, the fact you have applied for credit (and the amount). We may also subsequently disclose information about your credit relationship with us to a credit reporting agency;(d) to maintain a credit information file about you;(e) to carry out our own credit assessment on you;(f) for planning and research purposes including disclosure to organisations associated with the provision of our services and your use of them, such as content and channel providers and analysts;(g) for promotional and marketing purposes. Unless you notify us under clause 8.3 below, we will use your personal information to contact you (including by telephone and email) with promotional and marketing information about AUSTAR’s services, and also about third party products and services that may be of interest to you. We will understand that this is an ongoing consent unless you tell us otherwise; and(h) to a potential purchaser of, or investor in, any business conducted by us.
8.3 Opting Out
You may request that your personal information not be used or disclosed for marketing or promotional purposes by:
8.4 Appointing a Representative
(a) You may authorise someone else over the age of 18 years to act on your behalf in connection with the services provided by AUSTAR. In order to do so, you will need to give us some personal information about that person and inform them of the matters above, including why we have collected their personal information and what we can do with it.(b) We will assume that the person you’ve authorised has consented to you giving us their personal information for the purposes set out and will rely on your consent above as evidence that the authorised person has consented to you giving us their permission.(c) If you authorise someone else to act on your behalf in connection with the services provided by AUSTAR, then that person is unable to authorise another person on the account but is able to perform the following activities in relation to your AUSTAR account:(i) Order a Pay Per View Event or Adults Only title(ii) Order an Additional Outlet or MyStar(iii) Enquire about money owing on the account and billing information or make a payment(iv) Order a service call, or arrange or reschedule an install appointment(v) Change Options or services (eg. adding a movie Option)(vi) Troubleshoot(vii) Arrange for your service to be transferred to a new address if you move house(viii) Disconnect or reconnect your service
8.5 Our Privacy Statement
Further information on how we handle personal information about you including your right to seek access to personal information that we hold about you can be found in AUSTAR's privacy statement which is available on our website at www.austar.com.au or by calling AUSTAR on 132 432.
9 Suspension and Termination
9.1 Suspending the Service or Terminating this agreement
(a) We may suspend or terminate this agreement in accordance with clauses 9.2 and 9.3 at any time:(i) if you breach this agreement and, if the breach is remediable, you do not remedy the breach within a reasonable period of receiving notice from us requiring you to do so;(ii) if we reasonably believe that you have engaged in conduct in relation to the AUSTAR Services which is fraudulent or unlawful, or which maligns or may cause us other harm, or involves threats or causes harm or distress to any of our employees or Authorised Persons;(iii) if we are unable to continue to provide any of the AUSTAR Services to you due to legal, regulatory or technical reasons; or(iv) where specifically permitted under any other term of this agreement.(b) You may terminate this agreement in accordance with clause 9.3 prior to the expiry of the Minimum Term:(i) where specifically permitted under any other term of this agreement; or(ii) at any time, in which case you must pay to us the Early Termination Fee of $250 or, if less, the monthly subscription fees for the remainder of your Minimum Term.(c) You or we may terminate this agreement at any time after the Minimum Term has expired in accordance with clause 9.3.No Early Termination Fee will apply.
9.2 Suspension Notice
If we do suspend your AUSTAR Services in accordance with this agreement, we will give you notice of such suspension. Where we have suspended your AUSTAR Services under clauses 9.1(a)(i) or 9.1(a)(ii), you will still need to pay us fees for the AUSTAR Services for the suspension period. We will not keep the service suspended for longer than 6 months.During any period where the circumstances leading to the relevant suspension have not been rectified, we may terminate this agreement in accordance with this clause 9.
9.3 Termination Notice
(a) A party who wishes to exercise a right of termination under this agreement must provide written notice of termination to the other party (Termination Notice). Upon the provision of a Termination Notice by either party, your AUSTAR Services will cease 30 days from the Termination Notice (unless terminated in accordance with clauses 3.3, 4.3, 6.2, 6.9, 9.1(a)(i), 9.1(a)(ii), 9.1(a)(iii) or 9.2, in which case your AUSTAR Services will cease immediately) (Termination Notice Period).(b) Following the Termination Notice and unless otherwise specified in this agreement, you must:(i) pay us all fees, charges and taxes that apply to the AUSTAR Services until the end of the Termination Notice Period, together with any applicable Early Termination Fee; and(ii) return all Equipment to us in accordance with clause 9.4.(c) Despite the cessation of your AUSTAR Services, this agreement will continue until, and only terminate after, the earlier of the date that:(i) you comply with both paragraphs (b)(i) and (b)(ii) above; or(ii) is 6 months from the Termination Notice date.(d) If you have provided us with the Termination Notice, you may with our approval withdraw your Termination Notice at any time within the Termination Notice Period and continue your AUSTAR TV Services under this agreement. If you withdraw a Termination Notice given in accordance with clause 1.3(b) or 3.5, then unless otherwise agreed the variation referred to in that clause will be applied to you.
9.4 Return of Equipment
(a) Upon termination of this agreement for any reason, you are required to return any Equipment (except the Satellite System) in good repair to a location advised by us within 7 days after the end of the Termination Notice Period or as otherwise advised by us. If you fail to return the Equipment, we may take legal proceedings to recover the Equipment or charge you the Equipment replacement fee specified in the Price Guide.(b) Equipment that does not need to be returned will remain at the Premises and clauses 4.4 and 4.5 will apply to you and any subsequent occupant. We may remove the Equipment at any time on reasonable notice and will do so on request on payment of our Equipment removal fee.(c) If you move out of the Premises and any Equipment remains there, you must:(i) advise the new occupant of the terms and conditions relating to the remaining Equipment;(ii) inform the new occupant of AUSTAR’s requirement that the new occupant comply with those terms and conditions and any other terms notified by AUSTAR from time to time; and(iii) request that the new occupant also undertake the above activities in respect of the successor occupant of the Premises.
10 Miscellaneous
10.1 Governing Law
This agreement shall be governed by and construed in accordance with the laws of the state or territory in which your Premises are situated.
10.2 Assignment
You must not transfer this agreement or any of your rights under it to anyone else without prior written consent from AUSTAR, which will not be refused without good reason. AUSTAR may transfer this agreement or our rights under it to a third party, but only if such transfer does not cause material detriment to you.
10.3 Commissions
We may pay a commission to any person who introduces you to us.
10.4 Severance
If any provision in this agreement is or shall become void, unenforceable or illegal it shall not affect the other provisions of this agreement and the remainder of this agreement shall have full force and effect.
11 Notice
11.1 How we contact you or give notice to you
We may contact you or give notice to you under this agreement by way of SMS, email, set-top-box messaging, facsimile, letter or publication on our web site or in the AUSTAR magazine.
11.2 How you contact and give notice to us
You may contact us and give notice to us (including any Termination Notices) by contacting our customer service centre:(i) by phone on 132 432;(ii) by writing to us at AUSTAR, Locked Bag 2000, Gold Coast Mail Centre QLD 9726 (Remote Customers and Owner Install Customers – see additional contact information below); or(iii) by email at ask@austar.com.auFor Remote Customers, you may also contact us by writing to: AUSTAR – Remote Enquiries, Reply Paid 62013, Gold Coast Mail Centre QLD 4217; or by fax at (07) 5560 6989.For Owner Install Customers, you may also contact us by writing to: AUSTAR – Owner Install Enquiries, Reply Paid 62013, Gold Coast Mail Centre QLD 4217; or by fax at (07) 5560 6989.
12 Free-to-Air digital antennas
12.1 Ownership
If we install an Antenna at your request, you will own it.
12.2 Antenna Repair
AUSTAR will repair or replace the Antenna if it fails to work due to a failure to install it with due care and skill or because any materials supplied are not reasonably fit for their purpose.
12.3 Limitations
Subject to your rights under clause 7.3, we will not be responsible for the repair or replacement of an Antenna:(a) if the Antenna has failed for any reason covered by clause 7.1;(b) if you or someone else other than AUSTAR alters, tampers with or attempts to repair the Antenna;(c) if you cease to own or reside at the Premises at which the Antenna is installed; or(d) if the Antenna is relocated or removed from your Premises.
13 Definitions
13.1 In this agreement, the following words have these meanings:
"Agreement" means this agreement as more particularly described in clause 1.1.
"Antenna" means a free-to-air antenna capable of receiving free-to-air standard digital television services, installed by AUSTAR at your request.
"AUSTAR Services" means the AUSTAR TV Service and any installation or repair services and any other services we provide you under this agreement.
"AUSTAR TV Service" means the Entry Level Option, and any Options or TV services to which you subscribe from time to time, including without limitation, the MyStar Service and interactive and pay-per-view services.
"Authorised Persons" means our contractors, agents or suppliers who we use from time to time to perform the AUSTAR Services.
"Consumer Price Index" means the Consumer Price Index (all groups – weighted average of eight capital cities) published by the Australian Bureau of Statistics.
"Early Termination Fee" means the fee payable by you when you terminate this agreement under clause 9.1(b)(ii) during the Minimum Term.
"Entry Level Option" means the entry level channel Option which you must subscribe to in order to receive the AUSTAR TV Service.
"Equipment" means any equipment (including replacement equipment) supplied by us to you in connection with the AUSTAR Services including (if supplied to you) a set-top unit, Satellite System, remote control, the MyStar and the Smartcard but excludes:(a) an Antenna if supplied to you by us; and(b) the Satellite System if you are a Remote Customer or an Owner Install Customer.
"GST" means any value-added, consumption, turnover or similar tax, impost or duty on goods and/or services.
"Minimum Term" means the minimum term of this agreement, as described in clause 2.1.
"MyStar" means the personal digital recorder and set-top unit we supply to you when you subscribe to the MyStar Service.
"MyStar Service" means the services provided through the medium of the MyStar or MyStar HD.
"Options" means a group of channels, equipment or services offered by AUSTAR from time to time, the content of which may vary in accordance with clause 3.5.
"Owner Install Customer" means any customer who is advised as such by AUSTAR at the time this agreement is entered into by the parties.
"Premises" means the premises specified in the Work Order and is the location at which the Equipment will be installed and to which the AUSTAR TV Service will be provided by us.
"Price Guide" means the list of our standard prices that you have received with this agreement which are also available on our website at www.austar.com.au and which may vary from time to time.
"Public Viewing Area" means any public area outside your private Premises and includes, without limitation, licensed and registered clubs, hotels, motels, offices, hospitals and institutional and educational centres.
"Remote Customer" means any customer who is advised as such by AUSTAR at the time this agreement is entered into by the parties.
"Satellite System" means the satellite dish, dish mount, LNB (low noise block) and any cabling that is needed for you to receive your AUSTAR TV Service.
"Satellite System Specifications" means the document setting out the specifications for the installation of the Satellite System.
"Smartcard" means the card we supply to you which permits you to receive the AUSTAR TV Service.
"Termination Notice" means a termination notice given in accordance with clause 9.3.
"Welcome Letter" means the welcome letter and associated documentation we provide to you when you sign up and subscribe to the AUSTAR TV Service.
"Work Order" means the form signed by you when we connect your AUSTAR TV Service.
"we", "us" and "our" means AUSTAR ENTERTAINMENT PTY LTD (ABN 93 068 104 530).
"you" and "your" means you, the AUSTAR subscriber.
TV CARE INFORMATION
In some cases, still images that are displayed on your television screen for an extended period of time may cause a permanent residual image (screenburn) to be left on the television screen. You should take care not to leave still images such as those noted below displayed for extended periods:
- Channel Logos and certain Channel formats;
- images displayed in a 4:3, 14:9 and 16:9 mode that are different to your television set-up;
- on-screen information (for example tickers on news channels) that are part of programs;
- AUSTAR Digital Guide;
- games and Interactive Services (including any on-screen icons); and audio channels.
Plasma, Rear Projection and LCD televisions are at a higher risk of screenburn. Always consult your television manufacturer's manual for proper operating instructions.