The SeniorsChannel Terms of Use

Overview of Terms

1. This website (The SeniorsChannel) is operated by The SeniorsChannel ABN: 46207342190. It is available at: www.theseniorschannel.com and may be available through other addresses or channels.

2. Subscription Membership/Casual membership – Registered Australian business holding ABN/ACN including but not exclusive to residential aged care.

3. Licensee is the subscription/casual membership account holder. This can be an individual employed by te registered business or the registered business name or entity

4. Device is the way you choose to watch The SeniorsChannel ie:

  • - Smart TV
  • - Laptop connected to TV
  • - Iphone/Ipad connected to TV

5. End User are the residents living in aged care

6. The subscription or casual licence is for viewing by the residents and employees of the registered business caring for residents within the place of employment only. It is not for personal use.

7. Each subscription or casual licence provides you with usage from the IP address attached to the email you signed up with. It provides you with permission to view The SeniorsChannel on 5 devices at once. If you attempt to log in to more devices outside our membership package, you will automatically be logged out of all devices and you will need to contact our team to reset your membership.

8. Subscription: The SeniorsChannel provides a subscription service to access digital entertainment and activities (“The SeniorsChannel content”) via the Internet to certain Internet-connected TVs, computers and other devices.

9. Concerts on Demand: These are pay per view concerts available to watch on demand. Once viewed the concert is no longer available to watch unless you pay for it again.

These Terms of Use govern your use of our service. As used in these Terms of Use, "The SeniorsChannel service", "our service" or "the service" means the members service provided by The SeniorsChannel for discovering and watching The SeniorsChannel content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

1. Membership.

1.1. Your The SeniorsChannel membership will continue until terminated under the monthly or annual subscription option. To use The SeniorsChannel service you must have Internetaccess and a The SeniorsChannel ready 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, including special promotional plans ormemberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. 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 findspecific details regarding you’re The SeniorsChannel membership by visiting our websiteand clicking on the "Account" link available at the top of the pages of The SeniorsChannelwebsite under your profile name.

2. Billing and Cancellation.

2.1.Billing Cycle.

The membership fee for The SeniorsChannel 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 on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. 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.

2.2. Payment Methods.

To use The SeniorsChannel 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 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.

2.3. Updating your Payment Methods.

You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).

2.4. Cancellation.

You can cancel you’re the SeniorsChannel membership at any time, and you will continue to have access to The SeniorsChannel 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 unwatched The SeniorsChannel content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for The SeniorsChannel using your account with a third party as a Payment Method and wish to cancel you’re the SeniorsChannel 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 SeniorsChannel service through that third party. You may also find billing information about your The SeniorsChannel membership by visiting your account with the applicable third party.

2.5. 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 to subsequent billing cycles following notice of the change(s) to you.

3. The SeniorsChannel Service.

3.1. You must be 18 years of age, to become a member of The SeniorsChannel service.

3.2. As the Corporate Licence holder you are responsible for the login details and must not share these details with individuals, other organisations or other registered businesses or any other IP addresses. Failure to comply with this may result in cancellation of your subscription without a refund.

3.3. During you’re the SeniorsChannel membership we grant you a limited, non-exclusive, non-transferable right to access The SeniorsChannel service and view The SeniorsChannel 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.

3.4. The SeniorsChannel holds a full music licence mandate from the board of directors of ApraAmcos content. The licenced is geo blocked for viewing within the countries of Australia and New Zealand only. As a member you only have permission for viewing within Australia and New Zealand and you must not attempt to view in any other country or share the content to anyone else in another country.

3.5. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page. If you attempt to log in to more devices outside your membership package, you will automatically be logged out of all devices and you will need to contact our team to reset your membership.

3.6. The SeniorsChannel service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of The SeniorsChannel content.

3.7. You agree to use The SeniorsChannel 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 SeniorsChannel service.

You also agree not to:

circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in The SeniorsChannel service;

use any robot, spider, scraper or other automated means to access The SeniorsChannel service; decompile, reverse engineer or disassemble any software or other products or processes accessible through The SeniorsChannel service;

insert any code or product or manipulate the content of The SeniorsChannel 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 SeniorsChannel 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.

3.8. The quality of the display of The SeniorsChannel 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 and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) 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 The SeniorsChannel 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 The SeniorsChannel ready device.

3.9. The SeniorsChannel software is developed by, or for, The Seniorschannel and is designed to enable viewing of The SeniorsChannel content through The SeniorsChannel ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. 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 SeniorsChannel and related third-party software.

4. Passwords and Account Access.

The account owner (as described in overview of terms 1 & 2) is considered to be a representative of the Corporate Business Account (the “Account Owner”) and whose Payment Method is charged (the "Account Owner") has access and control over The SeniorsChannel account and the devices that are used to access our service and is responsible for any activity that occurs through The SeniorsChannel 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 SeniorsChannel ready 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 you, The SeniorsChannel or our partners from identity theft or other fraudulent activity.

5. Warranties and Limitations on Liability.

The SeniorsChannel 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 consumer protection rights that you may be entitled to under the laws of your country of residence.

6. Class Action Waiver.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE SENIORSCHANNEL 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 SeniorsChannel 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.

7. Miscellaneous.

7.1. Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of Australia.

7.2. Customer Support.

To find more information about our service and its features or if you need assistance with your account, please visit the SeniorsChannel FAQ’s on our website. In certain instances, Customer Service may best be able to assist you. If this is the case please contact info@theseniorschnnel.com . 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.

7.3. 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.

7.4. Changes to Terms of Use and Assignment.

The SeniorsChannel may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. 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.

7.5. Electronic Communications.

We will send you information relating to your account (e.g.payment authorizations, 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.