End User Licence Agreement

End User Licence Agreement for the following Hubbl devices:

Please read this agreement carefully and review the product and safety information enclosed with your Hubbl device before accessing or powering up your Hubbl device for the first time.

Your use of your Hubbl device is subject to the terms set out in this end user licence agreement and by using your Hubbl device you agree to these terms. If you do not agree to these terms, you must not access or use the Hubbl device.

Most features of your Hubbl device will only be available if you connect your device to the internet and activate using your Hubbl account details.

1. Scope of this agreement

   This end user licence agreement is an agreement between you and Streamotion Pty Limited (ABN 97 072 725 289) (Streamotion) governing your use of the Hubbl device including the firmware and software that Streamotion, or its licensors, installs on, or updates directly to, your device (Software).

2. Your use of the device and Software

   When you purchase the Hubbl device, you own the Hubbl device however the Software in it does not become your property as it is owned or licensed by Streamotion or other third parties. You will not tamper with the Software in the device or authorise anybody else to do so.

   The Hubbl device and the Software are intended for your personal use only and may not be used for a commercial or illegal purpose. Copying or redistribution of the Software, or any content delivered via the device (Content) are strictly prohibited. You do not acquire any intellectual property or other proprietary rights in or to the Software, or the Content unless otherwise stated.

3. Your Hubbl Account

   In order to access the features on the Hubbl device, you must create a Hubbl account.

   To create a Hubbl account we will require you to provide certain information, such as your email address, mobile number, password and postcode for your service location. Your postcode is used to provide the correct local free-to-air channel (FTA) line-up in your TV Guide. You can update your postcode at any time. We will also require you to add a payment method to your Hubbl account (see clause 4).

   Your account will have a default PIN which will be notified to you during device setup and may be updated at any time.

   When you are installing your device, you will be taken through a setup process which will include linking your Hubbl account with your device. You must keep your device linked to your account in order to continue to access Hubbl features. 

   If you do not use your Hubbl device with an active Hubbl account, or remove your Hubbl account from your device, you will have limited features available for use, such as access to FTA via your own terrestrial aerial.

   We may de-register your device after an extended period of inactivity on the device as advised at www.hubbl.com.au/registerdevice. You can re-register the device at any time through your Hubbl account.

   You are responsible for maintaining the confidentiality of your Hubbl account details. 

   You are responsible for keeping your Hubbl PIN and password secure and confidential and you must not permit another person (other than a member of your household) to use your Hubbl account. If you know or suspect that your password or PIN has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that your password and PIN are changed as soon as possible. If we reasonably believe that there has been, or is likely to be, a breach of security of your password or PIN, we may block or reset your password and require you to reset your password.

   If you need to send your device back to Streamotion, gift or sell your device to another party, we strongly recommend that you remove all personal details (including Hubbl account) from your device by:

   1. Signing out of all applications on your device
   2. Going to Settings on your device and reset to factory defaults
   3. Going to My Account on your device and deregister

   For further information on this process please go to: https://www.hubbl.com.au/deregister.

4. Payment Method

   It is a requirement when setting up your Hubbl account to provide an Australian valid credit or debit card or register another valid payment method to your Hubbl Account. This is to ensure that any products/services you purchase via your Hubbl account can be billed to this card. If using a credit card, the credit card account may be charged a small nominal amount to verify the card but this verification charge will be reversed without you needing to take any further action. You may be charged a credit card fee and if so you will be notified at the time of purchase.

5. Parental Controls

   When used with your Hubbl account, this device provides access to parental controls. This control can be applied on content classification, rental and subscription transactions.

   For more information go to https://www.hubbl.com.au/parentalcontrols.

   Third party applications enforce their own parental control system. Please go to the respective third party application help page to find out more information.

   You accept full responsibility for reviewing classification and consumer advice information supplied for the purpose of informing, and where appropriate safeguarding, viewers of the content. Where you allow children or young people to view content, you are responsible for making sure that the content is suitable for them. 

6. Automatic Updates

   You agree that we may automatically update the Software in your Hubbl device by sending updates over the internet. If you do not allow Software updates you may not be able to access or use certain features of the Hubbl device. We update Software for a number of reasons including improving or adjusting features of the Hubbl device, improving or adjusting the security and operation of our technical infrastructure, or for legal or regulatory reasons.

7. Software Licences

   Subject to the terms of this agreement, Streamotion grants you a non-exclusive, non-transferable licence to run the Software and any updated versions provided to you by Streamotion or its licensors, in the device. This is a licence and not a sale. 

   The Software is the exclusive property of Streamotion and/or its licensors. All rights in and to the Software not expressly granted to you in this agreement are reserved by Streamotion and its licensors. 

   Streamotion and its licensors reserve the right to update the Software from time to time including adding, changing or removing functionalities and features. This may include changing the user interface or the manner in which you are able to access Content via the device. Your use of certain features of the Hubbl device may also be subject to additional terms and conditions.

   You may not use the Software in an attempt to circumvent, or in conjunction with any device, program, or service designed to circumvent, technological measures employed to control access to, use of, or the rights in, a content file, service, or other work protected by copyright laws of any jurisdiction.

8. Device Use

   You may not (i) copy or distribute, sublicence, lease, rent or otherwise transfer the Software to any third party except as incorporated in the device; (ii) modify, adapt, alter, translate, or create derivative works of the Software; (iii) decompile, disassemble, reverse engineer or otherwise derive or attempt to derive source code from the Software; or (iv) permit a third party to do any of the foregoing. You agree not to remove any proprietary notices, marks or labels. You agree not to export, import or re-export a device in violation of any applicable law.  You agree that you will only use the Hubbl device in a manner that complies with all applicable laws including copyright and other intellectual property rights.

   You may only use the Hubbl device for non-commercial, private use. You may not charge for access or use of a Hubbl device, or display Content via the Hubbl device in public to an audience even if no charge is made (for example in a common area of an apartment complex or in a bar or restaurant).

9. Open Source Licences

   Certain components of the Software, known as “free” or “open source” software code (Separately Licensed Code), are subject to separate licence terms and are not subject to the licence granted above. As required by the terms of the relevant Separately Licensed Code licences, we make the Separately Licensed Code, and modifications to it, available via https://www.hubbl.com.au/softwaredetails.

10. Third Party Content

    Access to some services and/or content (such as third party applications) and FTA channels are provided by third parties (Third Party Content) and may be subject to a third party’s terms and conditions of use. We encourage you to read those third party terms and conditions prior to accessing Third Party Content. The availability and provision of Third Party Content is outside of our control and we are not responsible for Third Party Content. If you have any concerns about Third Party Content you should contact the Third Party Content provider.

11. Privacy and Personal Information

    By using the device, you consent to us collecting, using and disclosing your personal information as set out in our privacy policy and collection notice which are available at https://www.hubbl.com.au/privacy. Information you make available to the providers of Third Party Content is subject to the privacy policies of such providers.

12. Responsibility and Liability

    We are not responsible for:

    • any fault in the device caused by you tampering with the device or your negligence or failure to follow our instructions or the information provided with the device;
    • any fault in the device or any other equipment you use with the device if it was not supplied by Streamotion;
    • any failure caused by events outside our reasonable control; or
    • any applications or content provided by third parties (other than Streamotion) via the device.

    You are responsible for all acts or omissions of any person who uses your device.

    Nothing in this agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. The device comes with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. What constitutes a major failure is set out in the Australian Consumer Law. See www.hubbl.com.au/warrantypolicy for further information. Apart from any rights you have that cannot be lawfully excluded, we do not make any promises or assurances to you about the Software. To the maximum extent permitted by law, all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the device or the Software are expressly excluded.

    Except where we have breached any of your rights under the Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited, we are not responsible in any way for any indirect or consequential loss that arises out of or in connection with this agreement, the device or the Software.

    You will be liable to Streamotion and must keep us, our related bodies corporate, suppliers, agents and contractors indemnified against any loss, cost, expenses, damage or other liability (including reasonable legal costs) arising out of any claim or demand against us by you or any person other than you, which arises from or is connected with our supply of the device or Software to you or your use of a device, unless and to the extent that any loss, cost, expense, damage or other liability is caused by or contributed to by our, our related bodies’ corporate, suppliers’, agents’ or contractors’ wilful default, negligence or breach of this agreement or any law.

    You agree to fully indemnify and hold harmless Streamotion and its related bodies corporate, suppliers, agents and contractors against any and all liabilities, claims, loss (including consequential loss) and damage incurred in connection with and arising from your use of or access to a device in breach of this agreement.

13. General

    We can transfer our rights and obligations under this agreement to any third party, provided such transfer does not detrimentally affect your rights.

    All or any part of any term of this agreement that is found to be unfair or unenforceable will be treated as deleted and the remainder of the terms will continue to govern each of our respective obligations going forward.

    Your use of the Software and the device and this agreement is governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.