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This website (“provider”) provides a personalised subscription service that allows our members to access content (“content”) over the Internet on certain Internet-connected TVs, computers and other devices (“devices”).

These Terms of Use govern your use of our service. As used in these Terms of Use, “our service” or “the service” means the service provided by this website for discovering and accessing content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service.

1. Membership1.1. Your membership will continue until terminated. To use the service you must have Internet access and a compatible device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).1.2. We may offer a number of membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership by logging in to the tunapp.com website, and viewing profile information.
2. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by the provider at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible, or if we believe you have used the service inappropriately. We may use information such as device ID, method of payment or an account email address used with an existing or recent membership to determine Offer eligibility and usage. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
3. Billing and Cancellation3.1. Billing Cycle. The membership fee for the service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method as specified. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. We may authorise your Payment Method in anticipation of membership or service-related charges through various methods, including authorising it for up to approximately one month of service as soon as you register. If you signed up for the service using your account with a third party as a Payment Method, you can find the billing information about your membership by visiting your account with the applicable third party.3.2. Payment Methods. To use the service you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees 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.3.3. Cancellation. You can cancel your membership at any time, and you will continue to have access to the service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused content. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for the service using your account with a third party as a Payment Method and wish to cancel your membership, 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 service through that third party. You may also find billing information about your membership by visiting your account with the applicable third party.3.4. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
4. Service4.1. You must be at least 18 years of age to become a member of the service. Minors may only use the service under the supervision of an adult.4.2. The service and any content accessed through the service are for your personal and non-commercial use only and may not be shared without prior express written consent. During your membership we grant you a limited, non-exclusive, non-transferable right to access the service and content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.4.3. The service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our websites, user interfaces, promotional features and availability of content. 4.4. You agree to use the service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) content and information contained on or obtained from or through the service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the service; use any robot, spider, scraper or other automated means to access the service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the service; insert any code or product or manipulate the content of the service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.4.5. The quality of the display of the content may vary from 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. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your device.4.6. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the service and related third-party software.
5. Passwords and Account Access. The member who created the account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect from identity theft or other fraudulent activity.
6. Warranties and Limitations on Liability. The service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
7. Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and the provider agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
8. Miscellaneous8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Australia.8.2. Unsolicited Materials. The provider does not accept unsolicited materials or ideas for content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the service.8.3. Customer Support. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.8.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.8.5. Changes to Terms of Use and Assignment. The provider may, from time to time, change these Terms of Use without notice to you. We recommend reviewing these terms from time to time. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Last Updated: August 28, 2023