Terms of Service
1. About Us
1.1 Hello and welcome to the world of ABC24NEWS. We are a subscription service that provides subscribers with access to TV Pass and a wide range of tv events from around the world streamed to a range of devices including Internet-connected TVs, computers and other platforms (“ABC24NEWS Service”). To enhance your enjoyment of the ABC24NEWS Service we will also provide recommendations of broadcasts you might be interested in and other interesting tv channel information.
1.2 The ABC24NEWS Service is provided to you by ABC24NEWS Limited (“We”, “Us”, “ABC24NEWS”). We are solely responsible for the ABC24NEWS Service and application.
2.1 We provide an online video service offering (among other things) streaming of tv events, highlights and other related content (collectively “Content”). The Content is usually subject to certain restrictions (including, but not limited to, certain territorial restrictions). You will be able to access and enjoy the ABC24NEWS Service within any country where the ABC24NEWS Service is available although the Content will vary from territory to territory.
2.2 Please read these Terms and Conditions of Use (“Conditions”) before subscribing to the ABC24NEWS Service. For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede or supplement these Conditions. In the event of a conflict between these Conditions and the additional terms and conditions, the additional terms and conditions shall prevail.
2.3 We can modify these Conditions at any time for any reason including making changes: to reflect applicable law, to ensure better ABC24NEWS Service functionality, to update ABC24NEWS Service features, and to modify service plans, payment terms, and pricing (see section 4.7). Revisions to these Conditions will be notified to you by us via email notice to the most recent email address we hold for you. Any changes to our payment terms will also be notified to you directly. Where the changes we make to these Conditions are material (for example, where we change our payment terms), and where permitted by law, you will be deemed to have accepted these modified Conditions, unless you object to the changes within thirty (30) days from our notification to you, which will set out the consequences of a lack of objection.
You acknowledge that you have read and understood (and agree to be bound by) these Conditions (as may be amended from time to time) when you use the ABC24NEWS Service.
2.4 The ABC24NEWS Service and any content viewed through the ABC24NEWS Service are for your personal and non-commercial use only, and not for any other purpose or for retransmission, distribution, or sale. When you are a ABC24NEWS Service subscriber, we grant you a limited, non-exclusive, non-transferable, license to access the ABC24NEWS Service and to view the Content on a streaming only basis. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the ABC24NEWS Service for public performances.
2.5 Your subscription with us is conditional on any required payment due from time to time being authorised by your supported payment provider or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions. For the avoidance of doubt, payment will only be accepted from a payment provider based in the territory from which you wish to sign up to the ABC24NEWS Service.
2.6 You agree that we may share information with third party rights holders in relation to the Content which is viewed by you when using the ABC24NEWS Service. Such information shall be shared on an anonymous basis.
2.7 We may terminate our agreement with you at any time with sixty (60) days’ prior notice via email to the end of the current subscription period. Our right to terminate the agreement for cause, in accordance with Section 7.2 shall remain unaffected. If we terminate your agreement with us other than as a result of your breach or other reasons relating to regulations, you may be entitled to receive a refund of any amounts you have pre-paid for the ABC24NEWS Service.
3. Free Periods
3.1 If you are lucky enough to be offered a free period of the ABC24NEWS Service, this will be specified to you during the sign-up process. We may provide offers and discounts in respect of the ABC24NEWS Service including a free period at any time. Such offers may not apply to your individual account.
3.2 Your Payment Method (as defined below) will be billed for your subscription fee on the date indicated when you sign up for the ABC24NEWS Service. To view the subscription price, your next payment date (if any) and (if applicable) the end date of your free period, visit our website and click on the “My Account” page. If you signed up for the ABC24NEWS Service using your account with a third party as a Payment Method, you may need to cancel your subscription in accordance with Section 5.2.
4. The Financials and Membership Terms
4.1 You are fully responsible for all charges relating to and equipment required for use of the ABC24NEWS Service.
4.2 Your subscription will only cover access to the ABC24NEWS Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of any tax (VAT/ MwSt / CT / QST or any similar tax in any other territory or jurisdiction) at the rates in force from time to time, to the extent that ABC24NEWS Limited is required to account for such taxes under local applicable law.
4.3 Payment must be made by credit card; debit card; Paypal or through another current, valid, accepted method of payment including supported third party payment providers (“Payment Method”). You confirm that any such Payment Method that you use is yours, or that you have the authorisation of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorisation by the Payment Method provider. If your Payment Method is refused then you will not be granted access to the ABC24NEWS Service until a validated Payment Method is provided by you and approved by us.
For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. If your payment fails, we’ll try to charge your primary payment method again.
4.4 We reserve the right to refuse payments at our reasonable discretion.
4.5 Depending on the subscription package you choose, the fee to be paid for use of the ABC24NEWS Service will be billed on a recurring monthly or annual basis (unless local laws provide otherwise) to your chosen Payment Method on the calendar day corresponding to the commencement of your paid subscription or as otherwise specified by the issuer of your Payment Method. In some cases the date for billing may change, for example if your subscription began on a day not contained in a given month. Where we process your payment, we will process your payment on a secure site.
4.6 You can view your next payment date (if applicable) and change your method of payment by visiting our website and clicking on the “My Account” link, or by doing so through our app. If you signed up for the ABC24NEWS Service using your account with a third party as a Payment Method, you may need visit your account with the applicable third party to view payment information and change your method of payment.
4.7 We may change our service plans and the price of the ABC24NEWS Service from time to time. Any price changes or material changes to our service plans will apply to you, where permitted by law, no earlier than thirty (30) days following the issuing of email notice by us to you via the most recent email address we hold for you.
4.8 In some instances, you may be offered the opportunity to suspend your subscription to the ABC24NEWS Service for a limited period by logging in to the “My Account” page. Where you have opted to suspend your subscription, your subscription will automatically restart at the end of such period on the date specified on the “My Account” page. On restart, the subscription fee will be payable and your chosen Payment Method will be billed on the calendar day corresponding to the recommencement of your paid subscription (or as otherwise specified by the issuer of your Payment Method). In some cases the date for billing may change, for example if your subscription began on a day not contained in a subsequent month. The Terms and Conditions applicable to the automatic restart will be those in force at the time of the restart.
4.9 After purchasing ‘Free Trial One Month’ membership you pay $19.90 for your first month and your second month subscription is for free. Pass auto-renews for 12 months unless cancelled, charged annually. Your next payment of $238.80 will be taken after 20 days of your subscription. If your payment fails, we’ll try to charge your primary payment method again or continue your monthly membership at $19.90/Month. You won’t be charged if you cancel within the first 20 days of subscription.
After purchasing ‘1 Day Pass’ membership you pay $1.90 for your first day and membership subscription continues for $4.90/Day for the next two days. Pass auto-renews for 12 months at $19.90/Month after three days of subscription, charged annually. Your next payment of $238.80 will be taken at the end of the third day of subscription. If your payment fails, we’ll try to charge your primary payment method again or activate monthly membership at $19.90 per month instead of annually charge. You won’t be charged if you cancel within the first two days of subscription.
All payments under this Agreement will be non-refundable, and non-creditable. If during the payment, your card/bank account is charged twice or you have to make payment second time for any reason your paid amount will be used as deposit for your selected membership pass.
5. Termination by You
5.1 If you are on a recurring subscription to the ABC24NEWS Services, you may cancel this by logging in on the “My Account” page and clicking on the “Contact us” “Cancel Membership” button. You may cancel your subscription to the ABC24NEWS Service at any time prior to the expiry of your subscription period, but you will continue to have access to the ABC24NEWS Services for the duration of your subscription period. We do not refund any subscription fees paid in case of your cancellation.
5.2 If you signed up for the ABC24NEWS Service using your account with a third party as a Payment Method and wish to cancel your subscription to the ABC24NEWS Service, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the ABC24NEWS Service through that third party. You may also find additional billing information about your subscription to the ABC24NEWS Service by visiting your account with the applicable third party.
6. Technical Requirements
6.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the ABC24NEWS Service.
6.2 We will use our reasonable endeavours to ensure that the ABC24NEWS Service is made available to you at all times. However, the ABC24NEWS Service is provided on an “as is” basis. We will not have any liability to you for the cancellation or abandonment of any event or the failure to show any event as scheduled or advertised, nor where you are unable to watch any event on any specific platform device.
6.3 From time to time we may need to suspend the ABC24NEWS Service to carry out upgrades or maintenance. We will try to keep any such suspension to a minimum.
6.4 We will provide the ABC24NEWS Service with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer. We (and not any third party payment provider) are responsible for addressing any claims you or any third party may have in relation to the ABC24NEWS Service and your possession and/or use of the ABC24NEWS Service.
6.5 In circumstances where there has been any failure of the ABC24NEWS Service to conform to any applicable warranty and you believe you are entitled to a refund, please contact us using the contact us form or through the contact us section of our app. Where you signed up for the ABC24NEWS Service using a third party payment provider, where applicable, you may notify your third party payment provider of such failure, and your third party payment provider may refund any applicable purchase price for the ABC24NEWS Service to you. To the maximum extent permitted by applicable law, that third party payment provider has no other warranty obligation whatsoever with respect to the ABC24NEWS Service. Refunds (where applicable) will be processed via your selected Payment Method.
6.6 The quality of the display of the streaming events may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
6.7 A minimum download speed of at least 9.0 Mbps (i.e., megabits per second which means the speed in which the data is being transferred to the device) per stream is recommended to receive HD content, which is defined as 720p (i.e., pixels which means the amount of pixels on the screen) or better. You should check with your ISP for information on possible Internet data usage charges.
6.8 The streaming software used to deliver the ABC24NEWS Service may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the ABC24NEWS Service may require third party software that is subject to third party licenses.
7. Using the ABC24NEWS Services
7.1 We are the owner or licensee of all intellectual property rights in the ABC24NEWS Service (including any Content). All material, including but not limited to the design, text, software, graphics, footage and images you receive (and any selection or arrangement) are subject to the copyright of us and/or others. In the event of any third party claim that the ABC24NEWS Service or your possession and use of the ABC24NEWS Service infringes that third party’s intellectual property rights, we are solely responsible for the investigation, defence, settlement and discharge of such claim. You agree that you will:
7.1.1 use the ABC24NEWS Service for personal, private, non-commercial purposes only without making any gain, whether financial or otherwise, and that you will not use the ABC24NEWS Service for any other purpose or for retransmission, distribution, or sale nor permit any other person or persons to use the ABC24NEWS Service. You must not charge for viewing of the ABC24NEWS Service and you cannot use the ABC24NEWS Service to attract others to buy goods from you or anyone else or to attend any premises;
7.1.2 at any given time, only view the ABC24NEWS Service via a permitted device. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
7.1.3 not copy, record or store all or any part of the ABC24NEWS Service (other than as permitted by us in the application functionality) or divert, re-share, re-transmit, stream capture or otherwise distribute all or any part of the ABC24NEWS Service to any person, or authorise, enable or procure any other person to do any of the above;
7.1.4 not alter, disassemble, decompile or reverse engineer any part of the ABC24NEWS Service;
7.1.5 not view the ABC24NEWS Service in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
7.1.6 not abuse the ABC24NEWS Service or use them for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else ).
7.2 We may immediately suspend or terminate your access to the ABC24NEWS Service or withdraw your access to any promotions, offers or discounts if:
7.2.1 we have reasonable grounds to believe:
184.108.40.206 your use of the ABC24NEWS Service is abusive, disruptive, excessive or against the interests of other subscribers; or
220.127.116.11 you are in breach of any of these Conditions; or
7.2.2 we are requested to do so by a regulatory authority.
If appropriate in the circumstances we will inform you of such termination, suspension or withdrawal. However, notification may not always be possible.
7.3 Your subscription entitles you to use the ABC24NEWS Service on a maximum of two (2) devices at any one time. In accordance with Section 7.1.2 above, you agree that the login details are unique to you and should not be shared with any other person. You can change your login details at any time by visiting our website and clicking on the “My Account” page.
7.4 We retain the right to remove, or alter, any Content made available through the ABC24NEWS Service at any time, without providing notice to you.
7.5 You shall have no right to make use of any names, words, symbols, emblems, logos, slogans, designs, program titles or depictions, trade dress, colours and helmet and uniform designs of the National Football League or its member clubs. NFL International LLC and its affiliates may enforce violations of these Conditions with respect to their respective intellectual property rights directly against you.
8. Your Security Protection
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ABC24NEWS Service and not through a hyperlink in an email or any other electronic communication, even if it looks official.
9. Age Restriction
You must be the older of 18 years of age (or over), or the age of majority in your state, province or territory of residence, to become a user of the ABC24NEWS Services.
You agree to fully indemnify us and/or any third party rights holder and any affiliates of us and/or any third party rights holder and our and any third party right holders respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
(a) any misrepresentation, act or omission made by you in connection with your use of the ABC24NEWS Service;
(b) any non-compliance by you with these Conditions; or
(c) claims brought by third parties arising from or related to your access or use of the ABC24NEWS Service other than in accordance with these Conditions.
11.1 To the extent permitted under the applicable law, unless agreed otherwise in writing, the maximum liability of each of us and any third party right holder to you arising by reason of or in connection with the supply of the ABC24NEWS Service to you shall be limited to the amount paid by you in respect of the ABC24NEWS Service (“Payment Amount”). Neither we nor any third party rights holder shall in any event be liable to you for:
(i) any direct loss in excess of your monthly (or, if you are on an annual subscription, one twelfth of your annual) subscription fee; or
(ii) any corruption to data or any indirect or consequential loss whatsoever.
Nothing in these Conditions shall exclude or limit the liability of us and/or any third party rights holder for death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
11.3 Commentary and other materials posted on the ABC24NEWS Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the ABC24NEWS Service, or by anyone who may be informed of any of its contents.
12. Contact Us
12.1 You can contact us whether to discuss technical problems or for any other reason using the contact us form. In order for us to be able to assist you, you may be required to provide your e-mail, residential address, product details, payment information. We (and not any third party payment provider) are responsible for providing all maintenance and support with respect to the ABC24NEWS Service.
12.2 If you subscribe to the ABC24NEWS Service, you should notify us immediately if any of your details change by updating these details in the “My Account” section of our website or through the application.
12.3 Any notice given by us will be given by email via the most recent email address we hold for you. We shall not be responsible for non-receipt of messages we send you.
13. Third-Party Applications.
14. Force Majeure
Neither us nor any third party rights holder shall have any liability to you for any delay or failure to deliver the ABC24NEWS Service to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of us or any third party rights holder including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the ABC24NEWS Service), telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
No waiver by us or any third party rights holder shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
16. Third Party Rights
Clauses 2, 6, 7, 10, 11, 13, 14 and 15 confer a benefit on third party rights holders and payment providers and are intended to be enforceable by third party rights holder and payment providers. Except as provided in this clause no person who is not a party to the contract governed by these Conditions has no rights to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available under the applicable law.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
If a provision of these Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Conditions shall remain unaffected. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of Georgia and, to the extent permitted under the applicable law, you agree to irrevocably submit to the exclusive jurisdiction of the courts of Georgia.
ABC24NEWS Limited is a ABC24NEWS company (which means our subsidiaries, our ultimate holding company and its subsidiaries registered in Georgia.