1. Overview

1. These Vision T&Cs govern how we make Vision available to you as a Member.

2. These Vision T&Cs should be read with the Account T&Cs. The Account T&Cs can be found on the TAB Website or TAB App.

3. These Vision T&Cs are between you, the TAB Licensee that you opened your Account with, and Sky Channel Pty Limited (ABN 77 009 136 010) (SKY). References in these Vision T&Cs to 'We', 'Our', or 'Us' is a reference to the TAB Licensee you opened your Account with and SKY.

4. By using Vision, you agree to these Vision T&Cs.

5. Capitalised terms that are not defined in these Vision T&Cs have the meaning given to those terms in the Account T&Cs.

6. The interpretation provisions in paragraph 34 of the Account T&Cs apply to these Vision T&Cs.
    

2. Accessing and using Vision

1. We may make vision of certain racing, sports and other events (Vision) available to you. You will be able to access and watch the Vision by logging into your Account.

2. We grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Vision provided that you comply with the Use Conditions. The Use Conditions are:

   1. You must only use the Vision for your personal use. You must not:

      1. allow any other person to access or use the Vision, including by allowing another person to access and use your Account, or by sub-licensing, distributing, commercially exploiting the Vision; or

      2. broadcast the Vision.

   2. You must only access and use the Vision when you are physically located in Australia.

   3. You must only access the Vision on a personal portable device such as a phone, laptop, or tablet.

   4. You must not transmit, cast, mirror or throw the Vision to any other device, including to a television, unless we make available to you a setting or feature in your Account to do this.

   5. You must not store, copy, record, cache or otherwise keep a copy of the Vision (other than as a result of pausing the Vision feed).

   6. You must not modify or alter the Vision.

   7. You must not display any part of the Vision on social media (including any extracted images from the Vision).

   8. You must not circumvent any technical restrictions that we impose on the Vision, including screen size, geo-blocking, vision quality and permitted devices.

   9. You must comply with all applicable laws when using the Vision.

3. The Vision is exempt from Parts 3 and 4 of the Broadcasting Services (Online Content Service Provider Rules) 2018 (Cth). Without limiting the Use Conditions, you must take all reasonable steps to prevent a person under the age of 18 years from viewing the Vision.
    

3. Providing the Vision

1. Unless we tell you otherwise, we will endeavour to make the Vision available to you on a live, or near live, basis.

2. You are responsible for:

   1. ensuring you have sufficient connection to the internet or a telecommunications network to access and use the Vision;

   2. any communication or access costs that may be charged by a third party to access use the Vision; and

   3. obtaining all relevant hardware and software necessary to access and use the Vision.
       

4. Third party content providers

1. If we arrange for third parties (Third Party Content Provider or TPCP) to provide you with access to content (Third Party Content or TPC) that forms part of the Vision, your access to and use of the TPC is governed by these Vision T&Cs and any additional terms and conditions of the TPCP (TPCP T&Cs) that are notified to you by us or the TPC.

2. You must comply with all TPCP T&Cs that are notified to you.

3. Unless otherwise provided under these Vision T&Cs, we make no representations and give no warranties in respect of the TPC.

4. If you access Vision that is TPC, you consent to us disclosing your personal information to each relevant TPCP including your name, residential address, date of birth, email address and phone number.
    

5. Fees

We make the Vision available to you free of charge. However, we may decide to change this in the future and charge a fee for the Vision. If we decide to charge you a fee for the Vision, we will vary these Vision T&Cs in accordance with paragraph 9(a) which will involve giving you prior notice of the change.
 

6. Intellectual property rights

We and our TPCP own all Intellectual Property Rights in and to the Vision.
 

7. Suspension and termination

1. You will only be able to access and use the Vision through your Account. If your Account is:

   1. suspended, you will not be able access and use the Vision for as long as your Account is suspended; or

   2. closed, you will not be able to access and use the Vision, and these Vision T&Cs will immediately terminate.

2. If you breach any term of these Vision T&Cs, we may immediately stop making the Vision available to you on a temporary or permanent basis by giving you written notice. Our notice to you may also set out the reasons for our decision and whether we are stopping making Vision available to you on a temporary or permanent basis.
    

8. Liability

1. We will make the Vision available to you on an "as is" basis. We do not guarantee or make any promises to you that:

   1. the Vision will not contain any defamatory or otherwise offensive comments or behaviour, including if such comments or behaviours occur at the racing track, stadium or other location at which the racing, sports or other event is being held;

   2. you will have continuous or uninterrupted access to the Vision; or

   3. the Vision will be of a certain or minimum quality.

2. We are not liable to you for any loss you suffer in connection with your access to and use of the Vision, including your inability to access or use the Vision, except in the circumstance described in paragraph 8(c).

3. Subject to paragraph 8(d), we indemnify you for any loss you suffer due to a claim by a third party against you that your access to and use of the Vision in accordance with these Vision T&Cs infringes the Intellectual Property Rights of the third party.

4. The indemnity in paragraph 8(c) does not apply:

   1. to the extent that the third party claim relates to TPC; or

   2. if you breach these Vision T&Cs and the third party claim arises due to your breach of these Vision T&Cs.
       

9. General

1. We may vary these Vision T&Cs by following the process to vary the Account T&Cs. This process is set out in the Account T&Cs.

2. Any notices that we are required to provide you under these Vision T&Cs will be given in the same manner as notices are given under the Account T&Cs.

3. These Vision T&Cs are governed by the laws in force in the Account Jurisdiction and you submit to the non-exclusive jurisdiction of the courts in the Account Jurisdiction.

4. We may assign or novate our rights and obligations under these Vision T&Cs to a third party or Related Body Corporate without your consent and by providing you with no less than 30 days prior notice of such assignment or novation.

5. You may not assign or novate your rights or obligations under these Vision T&Cs to a third party without our prior written consent.

6. Any failure or delay by you or us to enforce any of your or our respective rights under these Vision T&Cs does not constitute a waiver of those rights.