TELSTRA TV BOX OFFICE - TERMS AND CONDITIONS

These Terms and Conditions apply to your use of the Service and in relation to any Content you (or any person that uses your Account) rent or buy through the Service. Please read these Terms and Conditions carefully so that you understand them. We may change these Terms and Conditions at any time in accordance with clause 7 below, and you can always find the latest version by visiting Our Website.

1 ACCESSING THE SERVICE

1.1 Age requirements. You must be over 18 years of age to agree to these Terms, and you must ensure that minors only use the Service under the supervision of a person over the age of 18.

1.2 Requirements to access the Service. You can only access the Service from a Device that is connected to the Internet (and in the case of a computer or mobile device, you must install the Telstra TV Box Office Application or access the Service through Our Website via a compatible browser (compatible browsers are listed in the Help or Support section of Our Website).

1.3 Internet connection requirements. You are responsible for arranging and paying for an Internet Connection that connects your Device to the Internet. Your Internet Connection must meet the minimum requirements specified from time to time in the Help or Support section of Our Website so as to ensure it is fast enough to stream the relevant Content.

1.4 On and from 1/3/2023, you can only register for the Service if you have an eligible Telstra mobile or fixed line service. We will tell you at the time of application if you satisfy this requirement.

2 USING THE SERVICE

2.1 Accessing your Content. Any Content that you buy or rent on the Service is linked to your Account and is only accessible through the Service. If your Service or Account is terminated or suspended for any reason, you will no longer have access to any Content you have rented or bought on the Service.

2.2 Account and user credentials. You must ensure your username and password are kept secure and secret. You are responsible for any use of the Service through your Account, including any Content that is bought or rented via your Account.

2.3 Content Terms. In addition to these Terms and Conditions, specific Content Terms may apply to any Content you rent or buy on the Service. Those additional Content Terms will be displayed before you rent or buy any Content on the Service.

2.4 Renting or buying Content. Subject to clause 3.1, you may only access and view Content you have rented or bought in accordance with these Terms, including the applicable Content Terms. If you use the Service to rent Content, the Content Terms will set out how long you have to start playing (“Expiry Period”) and to view (“Viewing Period”) the Content, after which the Content will no longer be available to you (and you will not be refunded if you have not watched the relevant Content before the end of the Expiry Period or Viewing Period). If you use the Service to buy Content, then except as otherwise specified in the Content Terms, you may view the relevant Content in accordance with these Terms as many times as you like over an indefinite period with no fixed end date (subject to clause 3.1 below), provided that you have an Account with the Service. You may only stream Content you have bought or rented through the Service on a maximum of two Devices at the same time.

2.5 Restrictions and limitations on use. You must not: (a) use the Service or Content other than in accordance with the Terms and all applicable laws; (b) use the Service or Content in a way that infringes or is likely to infringe the intellectual property rights of any person; (c) use the Service or access or view any Content outside of Australia; (d) display or make Content available to the public or in a public space, or provide it to any other person; (e) copy, remove, download or extract Content from the Service; (f) interfere with, or allow interference with, the proper functioning of the Service; (g) use the Service for any purpose other than your personal household purposes; or (h) use the Service or Our Website to do any of the following: (i) defame, abuse, harass or otherwise violate the legal rights of another person; (ii) transmit files that contain viruses, corrupted files or any similar software that may damage or adversely affect the operation of another person's computer or device, Our Website or the Service; (iii) advertise or offer to sell any goods or services for any commercial purpose; (iv) transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials or chain letters; (v) falsify or delete author attributions, legal or other proper notices, or proprietary designations or labels which specify the origin or source of any material or Content; or (vi) collect or store personal information about another person.

2.6 Third party products. The Service may contain information, details, reviews, opinions or comments that are provided or made available by third parties (for example, Rotten Tomatoes or IMDB) (“Third Party Information”). We do not review and are not responsible for the accuracy or quality of any such Third Party Information.

2.7 Data usage. You may be charged separately for your data usage when you access the Service and view Content.

2.8 Acknowledgements. You acknowledge and agree that: (a) the experience of streaming and playing Content (including speed and smoothness) partly depends on your Internet Connection, other devices and users connected to your Internet Connection, the specifications of your Device, and other tasks you are using your Device for at the same time; (b) you may not be able to view Content immediately after renting or buying that Content as it may take some time for a sufficient portion of the Content to be downloaded before it can be displayed; and (c) you do not and will not own any copyright or other intellectual property rights in the Content you rent or buy using the Service, and all intellectual property rights in or to any Content remains our property or the property of the relevant Studio or third party (as applicable).

3 HOW WE CAN WITHDRAW CONTENT

3.1 When we can withdraw Content. We can withdraw any Content from you if one or more of the following occur: (a) we no longer have the right to make the Content available to you; (b) the Studio from whom we license the Content requires us to withdraw the Content; (c) we reasonably consider that we may be in breach of any laws or subject to a third-party claim by continuing to supply the Content to you as part of the Service for buying Content; or (d) we are no longer offering the Service or the relevant Content or the purchasing of Content as part of the Service.

3.2 What happens if we withdraw Content. Where we withdraw any Content that you have bought or rented (provided that the Expiry Period (or, if you have started to watch that Content, the Viewing Period) for the rented Content was due to expire after the date on which the relevant Content is withdrawn) (Impacted Content) through the Service: (a) we will try to give you as much prior notice as possible (there may be circumstances when this will not be possible, in which case, we will notify you as soon as possible after withdrawing the Impacted Content); (b) the Impacted Content will no longer be available to you; and (c) we will provide you with a refund or credit as applicable, as set out in the table below:

If the Content was bought or rented before 1/10/2023
If you bought or rented any Impacted Content within the 3 months immediately preceding the date of the withdrawal	If you bought any Impacted Content more than 3 months but less than 12 months before the date of the withdrawal
We will issue you with a refund for the amount you paid to buy the Impacted Content, unless you used credit on your Account to buy that Impacted Content, in which case, we will apply a credit for the amount you paid to buy that Impacted Content on your Account for use on the Service.	We will apply a credit on your Account for your use on the Service for the amount you paid to buy the Impacted Content.
Note: Where we withdraw Impacted Content that forms part of a TV season or series, and you bought or rented that Content in a single transaction with other Content in the same TV season or series, we will apply a pro-rated refund or credit on your Account, as applicable, for the withdrawn Impacted Content. This is calculated based on the amount you paid for the transaction and the number of Content videos in the transaction.

If the Content was bought or rented on or after 1/10/2023
If you bought or rented any Impacted Content within the 9 months immediately preceding the date of the withdrawal	If you bought any Impacted Content more than 9 months before the date of the withdrawal
We will issue you with a refund for the amount you paid to buy the Impacted Content, unless you used credit on your Account to buy that Impacted Content, in which case, we will apply a credit for the amount you paid to buy that Impacted Content on your Account for use on the Service.	No refund or credit will be issued.
Note: Where we withdraw Impacted Content that forms part of a TV season or series, and you bought or rented that Content in a single transaction with other Content in the same TV season or series, we will apply a pro-rated refund or credit on your Account, as applicable, for the withdrawn Impacted Content. This is calculated based on the amount you paid for the transaction and the number of Content videos in the transaction.

4 HOW WE COMMUNICATE WITH YOU

You must provide us with a valid e-mail address which you regularly check and promptly tell us if you change that e-mail address. We will send you e-mails to communicate with you in connection with your Account and Service. If you have agreed to receive promotional communications, we will use that e-mail address to send your promotional materials. You can change your contact details on the 'Account ' section of Our Website.

5 CHARGES FOR YOUR SERVICE

5.1 Applicable charges. Applicable charges will be displayed before you choose to rent or buy any Content. All charges are GST inclusive unless otherwise stated.

5.2 Available methods of payment. All applicable charges will be either: (a) billed to your nominated Australian credit or debit card – please note that if you pay by credit card (we accept Mastercard, Visa and American Express only), we may charge you a credit card payment processing fee; (b) billed to your Telstra bill if this option is available and you nominate this option (and if we do not receive payment by the due date for your bill, the “late or dishonoured payments” section of the Consumer General Terms of Our Customer Terms will apply); (c) if we allow you to pay via Direct Debit and you choose this option (in which case the Direct Debit Service Agreement will apply), directly debited from your nominated Australian bank account; (d) where you choose to pay the charges using a valid voucher issued by us, debited from that voucher; or (e) in certain circumstances you may be able to rent or buy certain Content on the Service using a specified number of Telstra Plus Points, which will be deducted from your total Telstra Plus Points.

5.3 Credit and debit card verification. In order to verify that the credit or debit card you provide is valid and active, a pre-authorisation check of between $1 and $2 will be performed, which will be immediately reversed. Depending on your banks processing procedures, you may see a reference to this in your online bank statement after providing us with your card details.

5.4 On and from 1/3/2023, Telstra no longer supports the ability to upload card payment details. This means that for new customers signing up on and from this date, they will only be able to purchase content up to the value of any initial sign-on credits. For existing customers, this means that once their current card details cease to be current (for example, on expiry), they will not be able to purchase new content.

6 YOUR PRIVACY

Please read our “Privacy Statement” and our other privacy related information and documents available at http://www.telstra.com.au/privacy and https://www.telstra.com.au/consumer-advice/your-information. They set out how we and our related companies collect, use and disclose your personal information (including your credit card details) and your rights to access and correct that information.

7 CHANGING THESE TERMS

7.1 From time to time, we may change these Terms to reflect our changing business or legal requirements. We will inform you if we make material changes to these Terms unless the changes benefit you or have a neutral impact on you.

8 SUSPENSION AND CANCELLATION

8.1 How you can cancel or suspend your Service. You may cancel or suspend your Account (which will automatically cancel your Service, and your ability to access and view any Content) at any time by contacting us. For more information on how to contact us, please refer to https://www.telstra.com.au/contact-us.

8.2 How we can cancel your Service. We may immediately cancel your Account (which will automatically cancel your Service, and your ability to access and view any Content) if: (a) you commit a material breach of these Terms (including by failing to pay charges when due, by infringing the copyright or other intellectual property in any Content or the Service, or by using the Service in a way which is illegal); and (b) we have notified you in writing of these circumstances and you have failed to remedy your breach within 14 days of our notice (or any longer period set out in the notice) or your breach cannot be remedied (in which case the cancellation is effective upon us giving notice). For clarity, infringement of copyright or other intellectual property in any Content or in the Service is a material breach of these Terms which is not capable of remedy. We may also immediately cancel your Account (which will automatically cancel your Service, and your ability to access and view any Content) if we are unable to provide the Service due to an event outside our reasonable control (such as an industrial strike or an act of nature).

8.3 How we can suspend your Service. We may suspend provision of the Service to you (in which case you will no longer be able to access or view any Content) in the notice period before we cancel your Service under clauses 8.2, or if you are in breach of clause 2.5.

9 LIABILITY

9.1 Your liability to us. You are liable to us if you breach these Terms. However you are not liable for any loss we suffer to the extent that the loss is caused by us (for example through our negligence or breach of these Terms). You indemnify us from and against any loss or damage we (or the relevant Studio) incurs or suffers in connection with any breach of clause 2.5 or any of your acts or activities (or the acts or activities of any person using the Service with your username and password) in relation to any Content where such act or activity breaches or infringes the intellectual property rights of any person (including any Studio), except to the extent the loss or damages arises from our negligence or our breach of these Terms.

9.2 Quality of the Service and disclaimer. We will use reasonable care and skill in providing the Service. However, due to the nature of the Service (including our reliance on some systems and services not owned or controlled by us) we cannot promise the Service will be continuous or fault-free.

9.3 Our Liability to you. We accept liability for the Service, but only to the extent set out in this clause 9. We are not liable to you for: (a) any loss that is caused by your acts or omissions (for example through negligence or breach of these Terms); or (b) any loss caused by our failure to comply with our obligations where that failure is caused by events outside our reasonable control (such as an industrial strike or act of nature); or (c) any business-related losses that arise in relation to your use of the Service or Content. Without limiting the preceding sentence, our total aggregate liability to you in connection with these Terms or the Service or Content is limited to the total charges and fees paid or payable by you in connection with your use of the Service and Content, and we are not liable to you for any Consequential Loss. However, nothing in these Terms has the effect of limiting your rights under the Australian Consumer Law and for any liability which cannot lawfully be excluded but can be limited (including under the Competition and Consumer Act 2010 (Cth)), our liability is limited to our choice of re-supplying or paying the cost of re-supplying services and repairing, replacing or paying the cost of repairing or replacing goods.

9.4 Liability of Studios. Subject to any rights you may have under the Australian Consumer Law, the Studios will not have any liability to you relation to any Content you rent or buy as part of the Service.

10 MISCELLANEOUS TERMS

10.1 Entire agreement. These Terms constitute the entire agreement between you and us in connection with your use of the Service and any Content. Any FAQ or other similar document or information we may provide or make available to you from time to time is for information purposes only, and these Terms will prevail to the extent of any inconsistency.

10.2 No Waiver. Neither you, nor we, waive any right under these Terms just because we do not exercise them or delay in exercising them.

10.3 Notices. Unless otherwise stated, a notice relating to these Terms must be in writing (which includes e-mail). If we need to notify you, we may send a notice by e-mail to the address you provided or post a notice to your address. If we use e-mail, you will be taken to have received the e-mail once it leaves our servers unless we receive evidence to the contrary (for example, a “bounce-back”). If we use post, you will be taken to have received the notice 2 business days after we post it, unless we receive evidence to the contrary.

10.4 Transfer of rights. Your rights under these Terms belong to you alone. You may not transfer your rights or obligations in respect of the Service or these Terms without our prior consent – which we will not unreasonably withhold. We may transfer all our rights or obligations (or both) in respect of the Service and under these Terms to any reputable, credit-worthy third party at any time. We will notify you within 30 days of any such transfer.

10.5 Studios and subcontractors. You acknowledge and agree that we use third party contractors and Studios to make the Service and Content available to you.

10.6 Governing law. These Terms are governed by the law in force in Victoria (Australia), and both you and we submit to the jurisdiction of the courts of Victoria (Australia).

10.7 Survival. Clauses 2.1, 2.5, 4, 5, 6, 9 and 10 survive and continue after termination or cancellation of these Terms or your Service.

11 DEFINITIONS AND INTERPRETATION

Words with special meanings in these Terms are as follows:

Account refers to access to the Service using your username and password, or your Telstra ID (if you access the Service on Telstra TV).
Consequential Loss includes any loss, expense or damage suffered or incurred by a party in connection with these Terms or the Service or Content that does not arise naturally (that is, according to the usual course of things) from the event giving rise to the loss, expense or damage.
Content means any audio-visual content such as movies and TV episodes made available via the Service.
Content Terms means terms that are specific to your use of Content accessed through the Service, and that are displayed or presented to you when you buy or rent Content through the Service. For example, how long or how many times you can view the relevant Content, prohibitions on downloading, redistributing, altering or deleting any part of the Content or advertising or marketing material forming part of, or associated with, the relevant Content.
Device means any Telstra TV device or any compatible computer, laptop or mobile device through which you access or use the Service and any Content. For more information about compatible devices, please visit the Help or Support section of Our Website.
Direct Debit means a payment method that allows the applicable charges to be directly debited from your nominated Australian bank account.
Direct Debit Services Agreement means the terms on which we may allow you to pay charges via Direct Debit, and which are set out at https://www.telstra.com.au/content/dam/tcom/personal/my-account/pdf/direct-debit-payment-terms.pdf.
Expiry Period has the meaning given to it in clause 4.
Internet Connection means an Internet connection which links your Device to the Internet.
Our Website means the web site at https://www.telstratv.com/boxoffice.
Service means the service of supplying Content to your Device via the Internet.
Studio means the person or company from which we obtain the right to supply Content to you under these Terms.
Terms means these Terms and Conditions, and the Content Terms that apply to Content.
Viewing Period has the meaning given to it in clause 4.
we, our and us refers to Telstra and its employees, agents, sub-agents and their respective employees.

Terms & Conditions