Terms of Use

Website terms of use

Your use of nine.com.au and other websites, mobile sites, applications and services made available under the nine.com.au branded header (the nine.com.au network) is governed by these Terms of Use.

The nine.com.au network is operated by Nine Digital Pty Ltd which is a related body corporate of Nine Entertainment Co. Pty Ltd.

Please take the time to read these Terms of Use together with our Privacy Policy. We may, from time to time, review and update these Terms of Use to take account of new laws, technologies and changes to our operations. Your use of the nine.com.au network is governed by our most recent Terms of Use.

Using the Site

Your access to and use of the nine.com.au network is for your personal use only. We do not permit any commercial use of the network without our express written agreement.

Children and Young People

Most of the content on the nine.com.au network is suited for a general audience and is rated PG (parental guidance recommended). If you are under the age of 15 we recommend you obtain your parents’ permission before using the nine.com.au network.

Certain areas of the nine.com.au network such contain mature content which is unsuitable for anyone under the age of 18. You may be asked to confirm that you are over 18 before you are allowed to access these areas.

Parents, Carers and Teachers

We are committed to raising public awareness about the risks to children online and equipping you to manage these.

We recommend you visit the Online Safety Centre which includes tips on how to protect your family online as well as information about the safety features of the Microsoft suite of services accessible on the nine.com.au network. nine.com.au is a proud supporter of this.

Nine Account

In order to access some of our services and products, you will be asked to register with us by providing us with certain information about you which we will use to create your Nine account. As part of creating your Nine account, you may also be requested to provide questions and secret answers, which we use to help verify your identity and assist in resetting your password, as well as an alternate e-mail address. By signing in on one of our websites, product or services, you may be automatically signed into other websites, products and services that use your Nine account.

Membership of your Nine account is free but is conditional upon you giving us accurate up to date registration information including a valid email address if requested.

We may refuse to accept your registration request and/or terminate your Nine account at our discretion and without notice if your registration information is inaccurate or incomplete or if you use your Nine account to annoy other users or disrupt or misuse our services in any way.

Security of Nine account

You must keep your Nine account sign in details secure and must not disclose them to anyone else. You must notify us immediately if you suspect or become aware of any unauthorised use of your Nine account or sign in details.

Privacy

Your Nine account, and any other personal information you provide us is subject to the Nine Entertainment Co. Privacy Policy. By using the nine.com.au network you consent to us collecting and using this information in accordance with the Privacy Policy.

Intellectual Property: General

The nine.com.au network includes services and content which are the intellectual property of Nine Digital Pty Ltd and our service providers. You may use our content by downloading and storing limited copies for your personal use only. You may not otherwise reproduce or redistribute or use our content or services in any way unless you have our express permission.

Trade Marks

The nine.com.au network trade marks belong to Nine Digital Pty Ltd. The trade marks of our service and content providers belong to them. Nothing contained on the nine.com.au network should be construed as granting any licence or right of use of any trademark displayed on the site. Use of all trademarks displayed on the nine.com.au network requires the express permission of the relevant trade mark owner.

Your Contributions

On certain parts of the nine.com.au network we encourage you to submit your own personal contributions for example by submitting photographs, video footage or written feedback or participating in discussions with other members of our online communities (Your Contributions). Your Contributions are subject to the following conditions:

  • All Your Contributions must be your own work and must not include any material which is the copyright of someone else;
  • Your Contributions must be on-topic and constructive and not contributed with the intention of disrupting our online communities or causing harm or offense to anyone;
  • You give to us free of charge permission to use Your Contributions in any way we want to on any web site or mobile site, application, products or services in any media (including editing, modifying or adapting Your Contributions for operational or editorial reasons).

We may also redistribute Your Contributions to third parties; please note that this may include television broadcast.

  • Copyright in Your Contributions remains with you and the permissions you give us do not restrict you from using Your Contributions in any way;
  • We generally show your Member name with Your Contributions, however, you acknowledge and agree that it is not always practical for us to attribute you as the author of Your Contributions; and
  • Your Contributions may or may not be pre-screened and there may be a delay before they appear on the nine.com.au network. We may choose not to use Your Contributions or remove Your Contributions from the nine.com.au network in our discretion.

If you have any questions about Your Contributions please contact us here.

Prohibited Contributions

It is your responsibility to ensure that Your Contributions do not breach any applicable laws or rights. Without limiting this obligation we require that Your Contributions do not:

  • Defame any person;
  • Breach anyone’s intellectual property rights or confidentiality.
  • Breach privacy laws;
  • Breach anti-discrimination laws;
  • Contain any links, advertising or marketing material or spam;
  • Stalk or harass any person;
  • Encourage or promote or assist the commission of any illegal act;
  • Contain excessively coarse language or content which would be rated R RC or X by the Australian Classification Board; or
  • Include any material that contains any virus or computer code file or computer program designed to impair any the performance of the nine.com.au network or any computer, software or telecommunications device.

Reporting

IF YOU THINK THAT ANY CONTENT ON THE SITE IS UNLAWFUL OR BREACHES THESE TERMS PLEASE USE THE REPORT here.

Please note while we will not necessarily reply to all complaints, we will consider whether there are any grounds for taking action for each complaint received.

Our Editorial commitments

Nine Digital Pty Ltd is a member of the Australian Press Council and we abide by the General Principles which can be viewed here http://www.presscouncil.org.au/statements-of-principles/statements-of-principles/statements-of-principles/.

Nine Digital Pty Ltd listens to its users who can expect dedication to the highest quality in content services and advertising. We will use reliable, effective and innovative technologies to deliver compelling experiences and will respond to feedback. Nine Digital reinforces these standards with training of editorial staff and practical guidelines. If you wish to make a complaint concerning the compliance of our editorial content with these standards you can submit a report here.

Service Changes

We reserve the right to change, suspend or discontinue any content or services included in or accessible via the nine.com.au network without any notice and without any liability to you

Dealings with Advertisers

The nine.com.au network includes advertising and promotional material provided by our advertisers. We do not recommend or endorse any advertiser, its products or services and we ask that you contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.

In some instances, advertisements will contain offers which you can accept by clicking through to the advertiser’s website. Such offers are not made by us and the advertiser is solely responsible to you for the delivery of any goods or services you | purchase on the third party website.

From time to time we feature, promote or sponsor special events, competitions and other activities conducted by third parties on-line and/or off-line. We do not accept any responsibility for your participation. However there may be specific terms and conditions applicable to those activities and you should check these carefully.

The products and prices listed in the shopping sites on the nine.com.au network are the responsibility of the relevant retailer. We are not liable for the availability, prices or price changes, including where price changes have not been reflected on the shopping sites.

Some advertisements and promotions may be aimed at consumers who are located in specific locations. As a result, the goods or services included in any such advertisements or promotions may not necessarily be available at or near the place where you are located whether for the price stated or at all. We make no representation or warranty with regard to the availability of such good and services or the price for which those goods and services may be available in the area where you are located. You agree that you will make no claim or complaint against us or any of our related bodies corporate and that those parties will not be liable, solely on the basis that you were not able to acquire goods or services mentioned in an advertisement or promotion whether at the price stated in the advertisement or at all.

Links

For the convenience of our users the nine.com.au network contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content and /or services.

Termination

You agree that Nine Digital Pty Ltd may without notice terminate your access to our services without notice on any reasonable grounds including but not limited to:

  • Breach of these Terms of Use;
  • Request by law enforcement authorities or agencies;
  • Discontinuation of modifications to our services;
  • Technical issues or problems;
  • Extended periods of account inactivity;
  • Non-payment of any fees owed by you in relation to any services; and
  • Where we suspect you have used the services for a fraudulent or illegal purpose

Disclaimer

Except where expressly specified nine.com.au network content is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice suited to your specific circumstances prior to making any decisions.

Special warning for content and services relating to Financial Matters

The nine.com.au network may contain financial content and tools such as stock quotes, broker calls, investment information, market comment and analysis, statistics, company reports and fact sheets and calculators. None of our financial content is intended for trading or investment purposes and we and our content providers are not liable for any trading or investment decisions based on your use of this content

Limitations of Liability

Your use of the nine.com.au network is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis. To the extent permitted by law Nine Digital Pty Ltd, its subsidiaries and affiliates, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our content and services whether express or implied unless expressly set out in these Terms of Use. Without limiting the forgoing we do not warrant that: our Content is accurate or reliable. Nor do we warrant that our services will be timely, uninterrupted or error free or that any errors or defects will be corrected.

In no circumstances are we liable for any indirect or consequential losses or damages arising in connection to your use of the nine.com.au network.

Indemnity

We rely on you to use the nine.com.au network responsibly and to observe these Terms of Use. If Nine Digital Pty Ltd suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Nine Digital Pty Ltd for the losses, damages and costs.

Governing Law

These Terms of Use and any issues arising under these Terms of Use will be dealt with under the laws of New South Wales, Australia.

9Now Terms of use

Overview

9Now is a video on demand service operated by Nine Digital Pty Ltd (Nine Digital/Us/Our), a related body corporate of Nine Entertainment Co. Pty Ltd (NEC). 9Now allows users to access a range of television and other audio-visual content streamed over the internet via authorised third party platforms and devices, including (but not limited to) certain Internet-connected TVs, computers, mobile phones and tablets and other devices (“Authorised Devices”). The Authorised Devices may be amended from time to time by Nine Digital at its sole discretion.

As used in these Terms of Use, “the 9Now Service” means the service provided by Nine Digital for discovering and watching Nine Digital, NEC or third party content, including streaming, personalised TV guide setting, exclusive offers and all features and functionalities, recommendations and reviews, the 9now.com.au website, and user interfaces, as well as all content and software associated with our service.

You may only use the 9Now Service and view the Content on 9now.com.au on Authorised Devices. For certain Authorised Devices, the 9Now Service is accessed via a 9Now software application (9Now App) that allows you to manage and view the 9Now Service and you may need to install such 9Now App on these Authorised Devices. These terms apply to your use of the 9Now Service, the 9Now App and to any software applications you may download from third parties to access the 9Now Service on Authorised Devices (including any updates or supplements).

By creating a Nine account, using the 9Now Service or downloading any software to use the 9Now Service on any Authorised Device or attempting to do any of these, you accept these terms. If you do not accept these terms, you have no right to and must not use the 9Now Service.

Please take the time to read these Terms of Use together with our Privacy Policy. We may, from time to time, review and update these Terms of Use to take account of new laws, technologies and changes to our operations. Your use of the 9Now Service is governed by our most recent Terms of Use. If you do not agree with any of the terms, please do not use 9Now.

Your Use of 9Now

The 9Now Service includes services, videos, audio, images, movies, television programs, text, designs, trademarks, copyright and logos (Content) which are the intellectual property of Nine Digital, our service providers and/or third party licensors. We grant you a limited non-exclusive, non-transferable licence to access the 9Now Service and Content on a streaming only basis. You may use our Content for your personal and non-commercial use only. This includes (but is not limited to) agreeing not to:

  • use the 9Now Service for public performance;
  • charge others (directly and indirectly) for accessing the Content;
  • advertise, sell or bundle the Content with other goods or services or;
  • use the Content or any person appearing in the Content in any way that implies (directly or indirectly) that Nine Digital has endorsed a product or service.

You agree to use the 9Now 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 as determined by Us. You agree not to engage in any conduct or authorise, allow or provide the means for others to engage in conduct that infringes any third party’s intellectual property rights in the Content made available to you via the 9Now Service. This includes (but is not limited to) agreeing not to archive, download, retain, store, reproduce, distribute, make available on a subscriber hosted website/service (including but not limited to YouTube), modify, adapt, translate, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized by Nine in these Terms of Use) any Content (including all movies and television programs) and information contained on or obtained from or through the 9Now Service. You also agree not to: disrupt the 9Now Service, use the 9Now Service to distribute software viruses, circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections in the 9Now Service; use any robot, spider, scraper or other automated means to access the 9Now Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the 9Now Service; insert any code or product or manipulate the Content of the 9Now Service in any way; or, use any data mining, data gathering or extraction method. You must not attempt to circumvent, remove or alter any single sign on walls, digital rights management and anti-piracy measures employed by Nine Digital.

Your use of the 9Now App and the 9Now Service is licensed, not sold. If a third party disables the ability to use the 9Now App on Authorised Devices such as the 9Now App, any associated license rights will terminate. If you use a third party’s service to download the 9Now App, you agree to any terms and conditions of license which may be imposed by the third party provider. Nine Digital is not responsible for the content, availability, performance or termination of any authorised third party platforms which may be used to access the 9Now App, the 9Now Service or any other software used to access our services. You must comply with any technical limitations in the 9Now App or any other software that only allow you to use it in certain ways. You may not:

  • work around any technical limitations in the 9Now App;
  • reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation;
  • make more copies of the 9Now than specified in these terms;
  • publish or otherwise make the 9Now App available for others to copy;
  • rent, lease, or lend the 9Now App; or
  • transfer the 9Now App to any third party.

You are responsible for all costs and expenses associated with your access to the 9Now Service and Content (including but not limited to internet or data service provider charges, such as any excess charges for exceeding any limits on the amount of data you can download and all equipment and software used to access the 9Now Service). In no circumstances are we liable for such costs and expenses.

If you are located outside of Australia, you must not access, view or listen to the Content using the Service without our express written permission. We may use technology to verify your geographic location and prevent use outside Australia.

When you use the 9Now Service, we may track and capture information about your activity (including information about your viewing habits, information about Authorised Devices registered to your Account, including unique device numbers, internet protocol addresses, your operating system and other information derived from the hardware configuration of such devices). We may use this information for purposes including identifying the Authorised Devices registered to your Nine account, to confirm your right to use the 9Now Service, to provide personalised features to you and enhance the 9Now Service. By using the 9Now Service, you consent to the transmission of this information.

Service Changes

Not all content broadcast on Channel 9 television’s channels will be available on the 9Now Service and the period of time that Content is made available for viewing may vary. We reserve the right to change, suspend or discontinue any Content or services included in or accessible via the 9Now Service without any notice and without any liability to you.

There are many factors that may affect the quality and display of the Content as well as the time it may take to commence or resume watching Content. Such factors include but are not limited to your location, internet speed or bandwidth, network traffic, our content delivery networks and type of Authorised Device being used to view the Content. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.

From time to time, we may undertake maintenance or upgrades to the 9Now Service, and there may be unplanned outages to 9Now.com.au which may affect your ability to access the 9Now Service. You may be required to upgrade software to continue using the 9Now Service. If you decline an upgrade, you may not be able to use or access the 9Now Service.

Nine Account

In order to access the Content using the 9Now Service, you will be asked to register with us by providing us with certain information about you which we will use to create your Nine account. This will help us build a more personalised viewing experience for you. For example, we will use your age, gender and location to make content and advertising more relevant to you. We also use this information to create and purchase more Content we think you will like.

As part of creating your Nine account, you may also be requested to provide questions and secret answers, which we use to help verify your identity and assist in resetting your password, as well as an alternate e-mail address. By signing in on one of our websites, product or services, you may be automatically signed into other websites, products and services that use your Nine account. If you fail to sign out of your Nine account on your device, subsequent users may access the 9Now Service and Content through your account and may be able to access your personal information. When you sign out of your Nine account, you will only log you out on the device that you are using. If you are logged in to your Nine account on multiple devices, you must sign out on each device, website, product or service.

Security of Nine account

You must ensure that you use your own details to register with us and not the details of any third party. You must keep your Nine account sign in details secure and must not disclose them to anyone else. You must use your own Nine account to access the 9Now Service and not the Nine account of another person. You must notify us immediately if you suspect or become aware of any unauthorised use of your Nine account or sign in details.

Digital Rights Management

Nine Digital and its content suppliers and authorised device platform providers may embed digital rights management security in the 9Now Service or certain Content and/or use other technical content protection measures as required to protect the Content from unauthorised access, and in order to meet obligations to third parties who own rights in the Content. You must not, and must not authorise, allow or provide the means for others to, adjust or circumvent or try to adjust or circumvent these technical measures.

Children and Young People

If you are under the age of 15 we recommend you obtain your parents’ permission before using the 9Now Service. The 9Now Service may contain mature, indecent, objectionable, offensive Content which is unsuitable for anyone under the age of 18. You may be asked to confirm that you are over 18 before you are allowed to access these areas.

Classification

You are responsible for deciding whether or not Content is appropriate for a child if you allow a child to access the 9Now Service and any Content using your device. We may provide classification information for Content available on the 9Now Service but only if required by law to do so and you accept full responsibility for informing and where appropriate safeguarding minor viewers from Content that may not be suitable for their age.

Privacy

Your Nine account, and any other personal information you provide us is subject to the Nine Entertainment Co. Privacy Policy. By using the 9Now Service you consent to us collecting and using this information in accordance with the Privacy Policy.

Intellectual Property

You must not remove, obscure, or alter any Nine Digital copyright notice or trademark on any Content. The 9Now Service trade marks belong to Nine Digital. The trademarks of our service and content providers belong to them. Nothing contained within the 9Now Service or Content should be construed as granting any licence or right of use of any trademark displayed on the site. Use of all trademarks displayed on the 9Now Service requires the express permission of the relevant trade mark owner. We reserve the right to take all steps necessary to present the unauthorised use, copying reproduction, distribution or exploitation of the 9Now Service or Content.

Reporting

IF YOU THINK THAT ANY CONTENT ON THE 9NOW SERVICE IS UNLAWFUL OR BREACHES THESE TERMS PLEASE REPORT THE BREACH here.

Please note while we will not necessarily reply to all complaints, we will consider whether there are any grounds for taking action for each complaint received.

Advertisements

The 9Now Service is currently provided to You free of charge and may include advertising and promotional material provided by our advertisers. We do not recommend or endorse any advertiser, its products or services and we ask that you contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.

Some advertisements and promotions may be aimed at consumers who are located in specific locations. As a result, the goods or services included in any such advertisements or promotions may not necessarily be available at or near the place where you are located whether for the price stated or at all. We make no representation or warranty with regard to the availability of such good and services or the price for which those goods and services may be available in the area where you are located. You agree that you will make no claim or complaint against us or any of our related bodies corporate and that those parties will not be liable, solely on the basis that you were not able to acquire goods or services mentioned in an advertisement or promotion whether at the price stated in the advertisement or at all.

Termination

You agree that Nine Digital may without notice terminate your access to the 9Now Service and the Content without notice on any reasonable grounds including but not limited to:

  • Breach of these Terms of Use;
  • Request by law enforcement authorities or agencies;
  • Discontinuation or modifications to our services;
  • Technical issues or problems;
  • Extended periods of account inactivity;
  • Where we suspect you have used the services for a fraudulent or illegal purpose.

Limitations of Liability

Your use of the 9Now Service is at your sole risk and you will be responsible for any damage or loss that results from your use. The Content and services are supplied to you on an “as is” and “as available” basis. To the extent permitted by law Nine Digital, its subsidiaries and affiliates, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our Content and services whether express or implied unless expressly set out in these Terms of Use. Without limiting the foregoing, we do not warrant that: our Content is accurate or reliable. Nor do we warrant that our services will be secure, timely, uninterrupted, free from computer viruses or error free or that any errors or defects will be corrected.

Nine Digital is not responsible for the content, availability or performance of authorised third party platforms, devices or external sites used to access, linked to or hosting the 9Now Service or any Content.

In no circumstances are we liable for any indirect or consequential losses or damages arising in connection to your use of the 9Now Service.

Indemnity

We rely on you to use the 9Now Service responsibly and to observe these Terms of Use. If Nine Digital suffers any loss or damage or incurs any costs in connection with your use of the 9Now Service, any breach of these Terms of Use or any other legal obligation then you agree to indemnify Nine Digital for the losses, damages and costs.

Governing Law

These Terms of Use and any issues arising under these Terms of Use will be dealt with under the laws of New South Wales, Australia.

Last updated: 26 September 2017