Terms & Conditions
1. Your agreement
We may alter these Terms periodically by posting an updated version here. Please check regularly to keep updated on any changes. By continuing to use OVOPlay you consent to the Terms as they are, at the time you use it.
The meaning of capitalised words used in these Terms is set out in the Definitions section at the end of these Terms.
2. Using OVOPlay
OVOPlay allows you to watch and listen to live entertainment and other audio and video content for your personal use only, subject to the payment of any applicable Fees. These Terms apply to you when youÕre using OVOPlay.
The OVOPlay App is provided by OVO and is available for download from the Apple iTunes and Google Play app stores. You agree to deal with us in good faith and in compliance with all applicable laws.
3. Registering to use OVOPlay
You donÕt need to register to use some of the free content on OVOPlay, but if you download the OVOPlay App youÕre still bound by the provisions in these Terms. You do need to register to access certain content.
When you register to use OVOPlay (become a Registered User), pay for specific entertainment (a Pay Per View User) or pay a regular subscription fee (become a Subscriber) youÕll need to create an account on OVOPlay. YouÕll need to give us accurate personal information including your name and current email address. We may use your email address to contact you with information about OVO or OVOPlay. We may be unable to provide you access to all features on OVOPlay or contact you unless you provide and maintain a current email address with us.
YouÕll automatically be registered to use OVOPlay when you buy an OVO SIM card and have an active OVO service.
4. Your eligibility to use OVOPlay
Access to OVOPlay is only available to persons who are eighteen years of age or older. If you donÕt qualify for access, please do not register to use OVOPlay, or else have your parent or guardian register for you.
By downloading or using OVOPlay, you warrant that youÕre at least 18 years old and that all personal information you give us at any time is true and correct. You agree not to impersonate any other person or entity or use a false name or a name that youÕre not authorised to use, when registering to use OVOPlay.
You can register to use OVOPlay by following the registration steps online or following the instructions when you download OVOPlay. Registering constitutes an offer by you to register to use OVOPlay and is subject to acceptance by us. WeÕll confirm acceptance during this process. We reserve the right to refuse an application for registration or terminate your use of OVOPlay for any reason at our discretion.
You accept full responsibility for reviewing all classification information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, other viewers of the content. Where you allow children or young people to view content via OVOPlay, you are responsible for making sure that the content is suitable for them.
5. Usernames and passwords
To sign into OVOPlay youÕll need to use a username and a password that you set. YouÕre responsible for creating your username and setting a password as part of and in accordance with the sign up process.
You must prevent unauthorised disclosure of or access to your password. You are solely responsible for all use of your password and for the actions of any person to whom you disclose your password and are solely liable for and indemnify, defend and hold harmless the OVO Persons from and against all Losses suffered by any person directly or indirectly as a result of:
(a) you disclosing your password to a third party;
(b) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password; or
(c) any personÕs access to or use of your password. You must notify us immediately by email and immediately change your password if you have any reason to believe that your password has become known to anyone else or if your password is or has been used in an unauthorised manner.
6. Accessing OVOPlay
OVOPlay Content is available for access on a free, pay-per-view or subscription basis, depending on the content. We determine what Content is available to each User with our content partners, and we may change the basis for, technical features of, or access permissions for, particular Content at our discretion.
Special events or one-off Content which we provide on a pay-per-view basis may be subject to special restrictions or terms. OVOPlay Content which we supply on a free basis may be subject to technical or access restrictions we specify such as Standard Definition (SD) format, watch time limitations and real-time access only with no download (time shifting) capability.
Where relevant, the cost of any Content will be clearly displayed on OVOPlay along with any restrictions based on your User type. Where Content is downloadable, we may erase that material from your device after a period of time or otherwise at our discretion. Some or all OVOPlay Content may be unavailable outside the country in which you became a User due to content access restrictions imposed by third party content providers.
The quality of OVOPlay Content may vary from device to device and may be affected by factors including location, device, connection speed and your mobile network. OVOPlay Content is provided in a variety of formats. High Definition (HD) capability and higher is subject to technical restrictions, your User type and our arrangements with our content providers.
You can register up to five (5) devices on your OVOPlay service at any time. These can be a combination of the OVOPlay native apps and OVO.com.au/play. If you want to access the OVOPlay service on a new device and you have already registered 5 devices, then you will need to de-register one of the existing devices.
You can only use one of your registered devices to watch live and pay per view content on OVOPlay at any one time. If you sign in to OVOPlay on another registered device you will be logged out of all other devices.
To deregister a device sign into OVOPlay on the new device and it will display the registered devices used by your account. Choose the device that you no longer want to use and select de-register. You can then register the new device and start watching on your new device.
All amounts in these Terms or referred to in OVOPlay are shown in and charged in Australian dollars, US dollars or in another applicable Currency and are charged in that Currency.
8. General payment terms
All payments in relation to OVOPlay and its Content are received via OVOÕs payment gateway using a valid credit card. When you create a User Account you may be asked to provide a valid credit card. Full payment is charged to or deducted from your credit card when you choose to watch pay-per-view content on OVOPlay or for your first monthly subscription fee, when registering for a subscription, as applicable. All credit card payments are subject to validation checks and authorisation by the card issuer.
All payments are processed by a Payment Gateway provider within the App store or OVOÕs website. We do not keep a record of your credit card number but do store a payment token securely in our systems. You acknowledge and agree that we are not involved in the processing of any payment between you and the Payment Gateway provider, and the Payment Gateway providerÕs terms and conditions apply to each payment.
10. Liability for payment transactions
To the extent legally permitted, in no event will OVO be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with Apple iTunes Store, Google Play or other third parties. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and these third parties.
We may charge Fees for accessing OVOPlay Content which we only make available on a pay-per-view or subscription basis. The applicable Fees for pay-per-view content will be displayed onOVOPlay and you must pay the applicable Fees in accordance with these Terms before you are given access to that content.
Certain OVOPlay Content may be offered on a subscription only basis unless you are using an OVO SIM card in the device that you are using to access OVOPlay. If you are accessing OVOPlay using a device that has an OVO SIM card your subscription to OVOPlay is provided automatically to you until we determine otherwise. Subscriptions are offered on a month by month basis. By paying the applicable subscription Fee you agree to subscribe to OVOPlay.
We may vary the Fees at any time by posting a new fee schedule or other information concerning varied Fees on OVOPlay or on the OVO website. Any subscription Fee variation will apply from the start of your next monthly subscription period.
Except where otherwise indicated on OVOPlay, any charges or Fees payable by you for any use of OVOPlay or for access to chargeable Content are exclusive of present or future taxes (including goods and services and value added taxes), duties and charges imposed or levied in any jurisdiction. To the extent permitted by law, you must pay all such taxes at or before the time we are required to remit such taxes to the taxing authority.
13. ISP connection and data charges
Your internet service provider or mobile service provider may impose a connection or data charge for downloading the OVOPlay App and using OVOPlay. You are responsible for paying any applicable connection or data charges.
Where you watch the Content using an internet service that is provided to you by a service provider other than OVO, or you are not an OVO prepaid SIM customer, you may incur charges for use of data or your service may be throttled, based on your data consumption in connection with OVOPlay. If your broadband service is restricted or throttled, the quality of your service (e.g your viewing experience) will be impacted.
We have no control over, and are not responsible, or liable to you in respect of, your use of any third party internet service. We will not provide you with any data usage monitoring capability in connection with your Service. OVO Mobile customers need to have an active prepaid mobile service and access OVOPlay using a phone or tablet with an OVO SIM card.
14. Service quality
OVOPlay is an internet based service that relies on an internet connection, the quality of the content that you consume and the period of time that it takes for you to start or continue consuming, may vary from time to time depending on the device, access technology and internet service that you use. It may be affected by factors such as location, the status, speed and capacity of, and congestion on, the network that you use.
We make no warranties or representations to you regarding the quality of the content that you watch using OVOPlay, nor do we warrant that your use of OVOPlay will be uninterrupted and error free.
We are not responsible if OVOPlay is suspended, interrupted, or not available, due to mobile network and/or wireless internet connection interruption. Your service is expressly supplied to you on an 'as-is' basis and is not guaranteed to be a continuous or fault-free service.
We are not liable to you for interruptions to OVOPlay caused by an intervening event or should we need to interrupt OVOPlay to perform upgrades (including to any software, firmware, applications used in connection with OVOPlay), fix faults or conduct maintenance. We will endeavour to do so at times of least inconvenience to you, although this may not always be possible. We may suspend the service at any time to update OVOPlay
or for technical reasons. From time to time device manufacturers or the provider of the device operating system may impose changes that limit or restrict your use of the App/Service on that device.
15. Cancellations, suspensions and refunds
You may stop using OVOPlay or cancel your service at any time by uninstalling the OVOPlay App and closing your User Account. Your User Account will be cancelled at the end of the current monthly subscription period if youÕre a Subscriber User or when the current Fan Pass you have purchased expires. If you cancel you will not be refunded for any charges for the remainder of the period, however you can continue to use the service for this period.
(a) cancel or suspend your User Account;
(b) cancel or suspend your access to OVOPlay; or
(c) cancel or suspend the operation of OVOPlay in its entirety.
You acknowledge that our supply of the Content, relies on rights granted by our content licensors and is subject to change. Furthermore, live matches may be subject to change, rescheduling and cancellation due to factors beyond our control, including weather and rescheduling by the content licensors. As such, we may at any time make alterations to the Service (including changing the times of broadcast or the content available for viewing) or change, implement or impose additional restrictions on OVOPlay and your use of your service. Should an event be cancelled for any reason by the event organiser no refund for Fees will apply.
No refunds will be given for incorrect choice or change of mind unless at the sole discretion of OVOPlay
If you are entitled to a refund at law or OVOPlay elects to provide a refund, the payment will be processed according to the below terms:
- If the fee was paid via credit card direct to OVO then the refund can only be processed back to that same credit card from which the payment originated.
- If the fee was incurred via iTunes or the GooglePlay app stores, then a refund must be pursued via these organisations
- Please allow the office up to fourteen (14) days to confirm your payment and issue the refund.
16. Free trials
We may offer a free trial of OVOPlay, and we may alter the terms of that free trial at any time. If you accept a free trial, any Fees applicable to you will commence at the end of the free trial period. At that time, we will charge your credit card any applicable Fees if you donÕt cancel your User Account before the end of the trial period.
17. Intellectual property
OVOPlay Content including but not limited to text, graphics, logos, icons, images, the OVOPlay User Interface and software is subject to copyright and other rights owned by OVO, its related entities or its content suppliers, and is protected by domestic and other international copyright and other intellectual property laws.
OVOÕs content partner properties including brands, names, images and logos that are displayed on OVOPlay may be the subject of registered trade marks of OVO, its related entities, affiliates or its service providers and protected by domestic and other international trade mark and other intellectual property laws.
You may access, download and stream from OVOPlay as permitted by your User type only for your own private, non-commercial use (and not for any form of public display or use, whether for profit or otherwise). This permission is subject to you complying with any additional restrictions or express exceptions displayed on OVOPlay. Any other use of material on OVOPlay by you, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of OVOPlay Content is strictly prohibited.
18. Personal use only
We provide OVOPlay to you individually and personally for non-commercial purposes and you must not permit OVOPlay to be viewed in public areas of commercial premises. A User Account must not be operated or controlled, directly or indirectly, by anyone other than the person identified as the owner of the User Account. Your right to use OVOPlay canÕt be assigned to anyone else and you must not resell, resupply, reframe or otherwise seek to monetise the services offered by OVO including OVOPlay Content to anyone else or make any commercial use of OVOPlay or its content.
You are not permitted to copy, record, reproduce, republish, post, broadcast, upload, communicate or make anything on OVOPlay available to any other person or authorise or assist anyone else to do so.
19. Information on OVOPlay
Information on OVOPlay and its content may change from time to time. It is not promised or guaranteed to be correct, current, or complete, to the extent legally permitted. OVOPlay and its content may contain technical inaccuracies or typographical errors. OVO assumes no responsibility (and expressly disclaims responsibility) for updating OVOPlay, to keep information current or to ensure the accuracy or completeness of any posted information.
OVO is not liable to you or any other person for any loss or disappointment suffered if the content within OVOPlay is not available or incorrect, incomplete or not up-to-date. Accordingly, you should confirm the accuracy and completeness of all information before making any decision related to any products or services described on OVOPlay.
All programming and content is at our absolute discretion and we reserve the right to change advertised programming or features.
20. Third party material and advertisements
OVOPlay may include links or references to third party websites (Linked Sites) or display other material sourced from or provided by a third party including advertisements and promotional offers for which OVOPlay receives a commercial benefit (Third Party Material).
By using OVOPlay you consent to receiving Third Party Material. OVO is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites or any Third Party Material.
OVO does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing in any advertising, promotional offers or on Linked Sites. OVO is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from OVOPlay.
21. Security of electronic communications
You acknowledge and agree that there are security and delivery risks in using email and transmitting data via the Internet. Accordingly, OVO gives no guarantee that any electronic communication you send to us, any electronic communication that we send you or any data transmission you make via OVOPlay (including uploading or transmitting any User Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive electronic communications from us and other Users at your own risk. In particular, by communicating with us electronically, electing to receive electronic communications from us or transmitting data via OVOPlay (including uploading or transmitting any User Materials), you accept the risk of interception of such communications, transmissions and User Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions and User Materials by us and you, as applicable.
22. Technical requirements
Access to OVOPlay may only be available to compatible devices which meet specific system or software requirements specified on OVOPlay. OVO gives no warranty or guarantee that access to or use of OVOPlay will be available to all devices and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on OVOPlay. In addition, you must ensure that your internet connection is appropriate for streaming audio-visual content
You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
24. User materials
OVO is not responsible for any User Materials and does not endorse, warrant or represent the accuracy, utility, currency or any other characteristic of any User Materials.
25. Other things you must do
You agree that you will not use OVOPlay to exceed the scope of the OVOPlay App service that you have signed up for (such as by seeking to access pay-per-view or subscription only OVOPlay Content when you are a Free User or a Registered User). You must not: (a) seek to circumvent, interfere with or otherwise disable or inhibit any security features, geoblocking or other technical measures within the OVOPlay App or the OVOPlay Content which are designed to prevent or restrict access to the OVOPlay App or the OVOPlay Content; or (b) use any spider, robot, scraper, data miner or other automated means to access the OVOPlay App and OVOPlay Content.
You agree to indemnify, defend, release and hold harmless the OVO Persons from and against all Losses made by any person due to or arising out of:
(a) your use of OVOPlay including access to its Content;
(b) any violation of these Terms (including warranties expressly given by you in these Terms), any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation; or
(c) any activity related to your User Account (including negligent or wrongful conduct) by you.
27. Disclaimer of warranty
You use OVOPlay and access OVOPlay Content at your sole risk.
To the extent legally permitted, all materials, information, products, programs and services are provided Òas isÓ, with no warranties or guarantees. OVO expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and Intellectual Property Rights.
Without limitation, OVO does not represent or warrant that the features within OVOPlay including access to OVOPlay Content will be uninterrupted, error-free or secure, that any defects will be corrected, or that OVOPlay or the server/s that make it available is free of viruses or other harmful elements.
You agree that in using OVOPlay you have not relied on any statement or representation made by OVO not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above or elsewhere in these Terms, to the extent legally permitted, OVO limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at OVOÕs discretion.
28. Exclusion and limitation of liability
To the extent legally permitted, OVO is not liable to any party for:
(a) any Losses related to or arising from OVOPlay or any use of OVOPlay Content, or of any site, service, product or resource linked to, referenced or accessed through OVOPlay; or
(b) for the use or downloading of, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if OVO is expressly advised of the possibility of such damages.
This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability or any other exclusion or limitation of liability in these Terms is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms. In that case, OVOÕs maximum aggregate liability for all Losses referred to in the relevant exclusion or limitation of liability under any cause of action referred to in the above exclusion of liability is limited to $50.
Any complaint, dispute or controversy arising in any way out of these Terms or use of OVOPlay may at our discretion be referred to arbitration to be conducted on a confidential basis pursuant to the rules adopted by the Australian Disputes Centre. You agree to be bound by the arbitrator's decision. The arbitrator will decide who should pay the costs of the dispute.
If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver of the right or privilege. A waiver by us of any breach of these Terms doesnÕt prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
33. Entire agreement
You acknowledge that you are not relying on statements, warranties or representations given or made by us in relation to the subject matters of these Terms, other those expressly set out in these Terms. You further acknowledge that, to the extent legally permitted, you have no rights or remedies with respect to such subject matter otherwise than under these Terms.
34. Force Majeure
WeÕll be under no liability to you in respect of anything which may be a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply OVOPlay, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, without limitation work to rule, overtime bars, strikes and lock outs.
You must not assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
OVO may vary these Terms at any time by publishing a new version on OVOPlay. By using OVOPlay after a variation has been lodged, you are taken to accept the varied Terms.
Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
38. Applicable law
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
39. DMCA policy
This paragraph applies if you are a United States resident User or if we are otherwise required to comply with the provisions referred to below. We respect the intellectual property rights of others and expect our Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using OVOPlay if such claims are reported to firstname.lastname@example.org and/or our Designated Copyright Agent as registered with the Copyright Office. If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through OVOPlay by providing a DMCA Notice of Alleged Infringement and delivering it to email@example.com and/or our Designated Copyright Agent. Upon receipt of such Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the OVOPlay App.
For the purposes of these Terms:
Currency means, for all Users, Australian dollars unless you are based in the United States, in which case currency references are to United States dollars.
Fees means the fees we charge for accessing certain OVOPlay Content including pay-per-view fees and subscription fees, depending on the particular content you are accessing.
Free User means a person who uses OVOPlay to access content which is offered on OVOPlay on a free to view basis.
Intellectual Property Rights means statutory, proprietary and all other rights throughout the world in respect of copyright, trade marks, confidential information, patents, designs and all other rights of a like nature, by law in force in any part of the world including all applicable renewals and extensions.
Losses means losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature.
OVOPlay means the mobile devices app or website known as OVOPlay through which Users access and content and which is available for download from the Apple iTunes Store or Google Play or using a web browser.
OVOPlay App means the mobile device app through which Users access content and which is available for download from the Apple iTunes Store or Google Play.
OVOPlay Content or Content means any information, documents, data, audio visual materials (including audio or video files of any type) or other materials OVO uploads to or displays on OVOPlay periodically in any form including materials available for access, download or streaming by one or more types of Users in accordance with these Terms.
OVO Persons means OVO, its officers, directors, employees, agents, contractors, licensors, suppliers, parent companies, subsidiaries, and successors-in-interest.
OVO SIM card means a SIM card provided by OVO for use in a mobile device.
Payment Gateway means the Apple Store In-app Payment gateway or the Google Play In-app Billing gateway and the OVO Payment Gateway, as applicable, depending on which OVOPlay App you are using.
PPV User means a person who sets up a username and password to access OVOPlay Content that is offered on a pay-per-view only basis (if and when a PPV User option is offered by OVO).
Registered User means a person who sets up a username and password but only accesses OVOPlay Content which is free of Fees (if and when a Registered User option is offered by OVOPlay).
Subscriber means a person who uses the OVOPlay App to access OVOPlay Content which is offered by the OVOPlay App on a subscription only basis (if and when a subscription User option is offered by OVOPlay).
User means any person who downloads and uses the OVOPlay App including a Free User, an OVO SIM User, a PPV User, a Registered User and a Subscriber User. A person may be a Free User, a PPV User and a Subscriber User depending on the particular OVOPlay Content they are accessing. An OVO SIM User may also be a PPV User if they are accessing OVOPlay Content which is only offered on a pay-per-view basis. The OVOPlay App specifies the technical characteristics of our service and the OVOPlay Content access rights and restrictions applying to each User type.
User Account means the account which each User of the OVOPlay App who is a Registered User or Subscriber must create to use the OVOPlay App.
User Materials means any materials, data, information or other items a User uploads to the OVOPlay App including ratings and comments in respect of the OVOPlay Content.