1. The ‘7CommGames’ digital content service
The 7CommGames service is a digital content service owned and operated by Seven Network (Operations) Limited, containing content from the Gold Coast 2018 Commonwealth Games and is accessible via mobile application (“the App”) and website at www.7commgames.com.au (“the Website”) (“the Service”). The Service will be available via the App (accessible on Android and Apple mobile devices) and the Website between 4th April and 15th April (“Games Period”). The Service contains content which is provided to the public at no charge (“Free Service”) and a premium service is provided to the public for a fee (“Premium Service”) (collectively “Content”), as set out below:
Free Service customers will have 24/7 access during the Games Period to:
- Live Simulcast of Channel 7, 7TWO, 7Mate
- Host Streams - Additional live streams
- On Demand Highlights - Replays, highlights and athlete stories to watch on demand
- Event Widgets - Medal tally, Event Schedules and Athlete Profiles
- Notifications - Alerts on device that an event is about to start
- Multi-device - Experience the Gold Coast 2018 Commonwealth Games across unlimited concurrent devices
In addition to all the content accessible in the Free Service, the Premium Service will include:
- Exclusive Premium Content – Access all areas of 7CommGames with exclusive Live and On Demand content
- HD Broadcast channels – HD version of 7, 7Two and 7Mate
- Host streams in HD (1080p) - delivering a high-quality casting experience
- Reduced Advertising – Enjoy all the action with less commercial content
- Access on 8 devices – Access your premium features and content on up to 8 devices and 6 concurrent devices
These Terms govern the supply of the Service.
Your use of the Service indicates your understanding and acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms.
In these Terms: 'you' and 'your' mean the customer, and includes members of your household; we, our and us mean Seven Network (Operations) Limited.
2. Accessing the Service – minimum requirements
To be eligible to access the Service you must be located in Australia and be over the age of 15, or otherwise have your parent’s permission to use the Service.
You can access the Service by going to the Website at www.7commgames.com.au, or downloading the App from the Google Play store (for Android) or Apple app store (for iOS).
You must be using a supported device, as listed in our FAQs on the Support page.
You must have a broadband plan a with minimum speed of 0.8Mbps (however at least 3Mbps is recommended).
Sign-up is voluntary for the Free Service but mandatory for the Premium Service (as set out in clause 3).
3. Premium Service
The Premium Service is made available in one of two ways:
a) at a one-off flat fee of $19.99 (including GST) to the general public, which you may pay using credit card or debit card (Mastercard or Visa accepted), existing PayPal account (and an invoice will be sent to your email address) or native in app payment within the iOS and Android apps; or
b) redeeming the Premium Service with a premium pass provided by Seven or a Seven Promotional Partner.
In order to use the Premium Service, we require you to sign-up and login using one of the following:
- Via your email and password; or
- Using your Facebook sign on; or
- Using your Google sign on.
You must provide us with accurate and complete information when you access the Service. You must keep all your identification and user information required to access the Service strictly confidential. You should not reveal your password to anyone nor use anyone else’s password. You are entirely responsible for all activities that occur through your password and credit card, and you agree to immediately notify us in the event you become aware of any unauthorised use or breach of security. We will not be responsible for any losses arising out of the unauthorised use of your credit/ debit card.
4. Intellectual Property
Without limiting the foregoing, you may not reproduce or apply any of our trademarks or the Commonwealth Games or GC2018 trademarks on any materials.
You can download the App onto any number of compatible devices however the Premium Service only accessible within the iOS, Android or website product, and is viewable on a maximum of six devices concurrently with the same login.
You are authorised to use the Content only for your personal, non-commercial use, and you may not copy, download, redistribute, transfer, sell, rent, lease or otherwise assign or sublicense them to any other person or device, nor in any way alter such Content nor use it in any advertising or promotional materials.
You acknowledge that the Content we provide to you is by way of licence only, and that the Content you access through the Service includes technology that protects digital information and our rights and those of our licensors.
You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any digital rights management or security technology or software that is part of the Service, nor interfere with, remove or alter any rights management information nor proprietary notices or labels on the Content.
We may monitor your compliance with these Terms from time to time, and in the event of breach by you, we may terminate your use of the Service and take advantage or any available remedies at law.
5. Subtitles and commentary
Subtitles and closed captions are not part of the Service.
In addition, there is not commentary on all live Commonwealth Games content streams, and some commentary may be in foreign language and/ or from third party host broadcasters.
6. Availability and accuracy of the Service
We will provide the Service to you in accordance with these Terms, within a reasonable time and using due care and skill.
We want to give you the best service possible, but sometimes availability of the Service may be affected by factors outside our control. For this reason we cannot guarantee that:
- the Service will be available to you at all times;
- the Service will always be accurate; or
- streaming speeds of the Service won't vary from time to time.
In using the Service, you acknowledge that your use of the Service may not be uninterrupted, timely, secure or error free. You also acknowledge that the Service and the servers that provide you with data and third-party content and third party services may not be free of viruses or other harmful components.
On occasion, technical problems or file sizes may delay or prevent Content from being streamed. It may also be necessary for us to interrupt the Service (or parts of it) occasionally in order to upgrade or maintain it. Should we need to interrupt the Service we will, whenever possible, conduct maintenance or upgrades at times that would minimize inconvenience to our customers and restore the Service as soon as possible.
We do not provide refunds for change of mind or where technical issues occur that are beyond our reasonable control, such as issues with your device, unsuitability of your broadband plan or network congestion.
7. Changes to the Service
We may at our discretion and from time to time change, add, or remove features and functionality of the Service or discontinue one or some of the features of the Service without notice. If you are dissatisfied with any such changes to the Service, please contact Customer Support (see clause 11).
8. Third Party Links
From time to time the App or Website may display links to third party websites (such as PayPal, Braintree). You understand that you may be required to agree to third party terms and conditions before being provided such access through the Service and that you access and use third-party services at your own risk.
9. Your personal broadband usage
To use the Service you need a minimum speed of 0.8Mbps (however at least 3Mbps is recommended). You are responsible for checking with your internet service provider as to whether your plan is suitable.
You are responsible for paying for your personal broadband connection, including any data charges (even if you are able to receive the Premium Service free of charge).
The content you stream via the Service may be metered by your internet service provider, and counted towards any usage allowance you have and/or be charged to you by your provider.
*Content which will not be data free is the following:
- Advertisements that are displayed when starting a stream in the 7CommGames app, which can be video ads or banner ads
- Any analytics sent from the streaming services to understand your video preferences and usage
- Authentication, for example, when the service confirms your login
Optus restricts data transfer rates on data free services to 1.5mbps (SD video bandwidth) and Premium customers will only be able to stream in HD on wifi connections on these mobile plans.
Streaming quality varies depending on broadband connection speed. The App uses an adaptive bitrate system that automatically adjusts the quality of the stream based on the device capability and quality of your broadband connection to start the streams as quickly as possible and to minimize buffering to the extent possible in the context of all the various broadband plans our customers have. However, we are not responsible for buffering which may occur if your broadband plan is not suitable (ie: does not have the minimum speed of 0.8Mbps, or if buffering occurs for other reasons beyond our reasonable control).
You acknowledge that there may be advertising displayed as part of the Service (including both the Free Service and the Premium Service), providing you information regarding products and services.
This advertising may be in the form of display advertising, pre-roll advertising (which appears before you start watching Content) and mid-roll advertising (which appears during your viewing of the Content).
You acknowledge that the free Service is entirely advertising-funded, and that use of ad blocking software on your device will not block all advertising served by us or on our behalf.
11. Customer support
For customer support in relation to your use of the Service go to our Support page where you will find FAQs and an online email form to submit queries. You are required to provide us with complete and accurate information regarding any customer service query you submit.
We will use best endeavours to respond to online queries within 24 hours (subject to unexpectedly high traffic).
12. Changes to these Terms and effect of these Terms
We may vary these Terms or any information contained on the Service at any time. However, if a variation is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you of the change no later than when the change becomes effective.
In the event these Terms are inconsistent with any other Terms you have agreed to in relation to your ongoing use of these Terms will prevail to the extent of that inconsistency.
If you are under 15 years old, you must give this Privacy Statement to your parent and get their permission for you to use the Service.
You also agree that we may use proprietary measurement software and tags on the Service that will allow users to contribute to market research, audience ratings services and enable us to deliver more relevant advertising to you. You consent to us sharing your personal information in connection with your use of the Service with our content licensors in connection with the enforcement of their intellectual property rights.
14. Supplier Liability
Except as expressly set forth herein, you expressly acknowledge that this Service is provided ‘as is’ and any use by you of the Service is at your own risk.
To the maximum extent permitted by law, in no event will Seven or its Associated Entities nor its third party licensors be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Service, any linked site, the streaming of any Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Seven or its Associated Entities are advised of the possibility of such damages, losses or expenses.
To the extent permissible by law, we will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
To the extent permissible by law, our maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
If you are a consumer under the Consumer and Competition Act 2010 (Cth) (Australian Consumer Law) the Service comes with consumer guarantees that cannot be excluded under that Law.
Where there is a major failure with a Service, you are entitled to cancel the Service. You may also seek compensation for any other reasonably foreseeable loss or damage. In the case of the Premium Service, you may also get a refund.
If the Service fails to be of acceptable quality, and the failure does not amount to a major failure, you are entitled to have the Service resupplied (free of charge and within a reasonable time). If we cannot resupply the Service within a reasonable time, we may instead cancel the Service and, in the case of the Premium Service, offer you a refund, the amount of which will depend on how much of the Service was satisfactorily provided.
We exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise. We also exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our suppliers' personnel in connection with this contract:
a) on behalf of and for the benefit of our suppliers; and
b) for ourselves, to the extent permitted by the Australian Consumer Law.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence.
We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.
The Service is provided for your personal, non-commercial use, and may not be resold, in whole or in part.
You agree to indemnify and hold us harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against us or our related companies alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your breach of our agreement with you (as contained in these Terms) or your misuse of the Service.
17. Term, suspension and termination of the Service
Our agreement with you (as contained in these Terms) commences on the date you first access the Service, and continues until the expiry of the Games Period, unless terminated earlier in accordance with these Terms.
We retain the absolute right to immediately suspend or terminate your Service, and terminate this agreement with you (as contained in these Terms), if:
a. you breach these Terms in a material way;
b. you misuse (or we can establish you have attempted to misuse) the Service or your use of the Service is reasonably considered by us to be fraudulent or to adversely affect the integrity of the Service or other customers' use of or access to the Service;
c. your credit/debit card authorisation is withdrawn, or you cancel your credit/debit card or your card details are changed without notifying us of your new card details;
d. you use the Service in such a manner as to infringe upon our intellectual property rights or those of our suppliers or any third party;
e. we cease to provide the Service, or any part of it, for example in order to comply with our legal obligations (including legislative changes) or Court orders; or
f. we have reasonable grounds to believe that a threat or risk of security, injury or damage exists.
We may investigate any alleged misuse of the Service and may involve or assist police or other law enforcement agencies in doing so without notice to you.
Termination will not affect either party's respective rights or remedies.
18. Applicable Law
These Terms are governed by the laws in force in New South Wales, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts which may hear appeals from those courts.