SportsPick Live (formerly EV Live) Terms & Conditions

Last updated: 10 Jan 2025

VENUES LIVE USER AGREEMENT

1. Definitions

In these Terms and Conditions, the terms "we", "us", or "our", refer to Entain Group Pty Ltd ABN 25 151 956 768 and the following meanings apply unless a contrary intention appears:

Account means the account you hold that enables the provision of general account management and billing services, consisting of (among other things) a collection of organisation details, venue details, contact details, active and inactive service subscription(s), purchase history.  

Assets and Technology means the Nightlife media player device and supporting visual devices (if any) provided by the Partner to enable delivery of the Streaming Service into the venue(s).

Claims includes all claims, losses, liabilities, damages, costs and expenses (including legal fees).

Entain Group means LB Australia Holdings Pty Ltd (ABN 96 165 597 482) and its Related Bodies Corporate.

Indemnified Parties means Entain Group and our respective officers, directors, employees, contractors, agents and suppliers.  

Partner means Nightlife Music Pty Ltd. ABN 29 052 079 277.

PAYG Order means a pay as you go order, which is an individual order for streaming coverage of one or more events to be provided in accordance with the details agreed between the parties from time to time.

Provider means the entity that we have an arrangement with that provides us the right to use their (or the content owner’s) relevant content as part of the Streaming Service, as the context requires.

Streaming Service means the content service provided by us (via our Partner’s technology and assets) that enables vision of certain events to be streamed directly to the User’s venue. See clause 9 for further information on what the Streaming Service may contain.

Subscription means a recurring plan with a fee that is associated with an Account. The plan will allow the User of the Account to access select content via the Streaming Service on a recurring basis. See clause 9.

Terms and Conditions means the terms and conditions found within this document, known as the Venues Live User Agreement.

User(s) or You means the entity using the Streaming Service per these terms and conditions.  

Website means entainvenues.com.au and any derivative or white label version thereof, as applicable.  

2. Interpretation

In the Terms and Conditions:

  1. headings are for convenience only and do not affect interpretation;
  1. “person” includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
  1. a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
  1. if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  1. references to any legislation or to any section or provision of any legislation includes reference to that legislation as amended, re-enacted or replaced;
  1. “includes” in any form is not a word of limitation; and
  1. a reference to “$” or “dollar” is to Australian currency.

3. Introduction

3.1 You agree that when you:  

  1. access or use any section of our Website;
  2. apply to create an Account with us;
  3. open an Account with us; and/or
  4. access, download or use our Streaming Service,  

you are deemed to have read and understood, and agreed to be bound by, the Terms and Conditions.

3.2 Your continued use of the Website or our Streaming Service will constitute acceptance of the Terms and Conditions. If you do not accept the Terms and Conditions, please do not access or use any section of our Website, apply to create a or open an Account with us, or access, download or use our Streaming Service

4. Changing the Terms and Conditions

4.1 We reserve the right to make changes to our Terms and Conditions at any time in accordance with this clause.  

4.2 Where there is a significant change to the Terms and Conditions that will be detrimental to you, we will notify you of the change by an appropriate method (for example, by email or a banner on the Streaming Services or Website) a reasonable time before the change comes into effect.  If you do not accept the change notified you should close your Account and cancel any recurring subscriptions before the change takes effect. Note that there are no cancellation fees.

  1. Without limiting clause 4.2 may change the fee associated any of our subscription options from time to time. Where you have an active subscription for the Streaming Service and the fee is going to change, we will provide you at least one month’s notice before the pricing changes comes into effect. Should you not wish to be billed at the new fee, you must cancel your subscription before the next billing date and/or next automatic renewal of your subscription.  

4.3 All other changes will be published on our Terms and Conditions webpage at or before the time the change(s) come into effect.  

4.4 It is your responsibility to ensure that you agree with any changes made to the Terms and Conditions, and your continued use of our Streaming Service, assets or technology provided by our Partner to enable the Streaming Service, or your Account once a change takes effect will be deemed to be your acceptance of that change.

4.5 The content made available through the Streaming Service may change from time to time. You acknowledge and agree that the content made available through the Streaming Service will not remain the same and will update regularly.

5. Account Creation

5.1 To use the Streaming Service, maintain a subscription(s), or place individual orders for content through the Streaming Service, you must have an Account. Where you apply for an Account, confirm with us via correspondence your intention to have an Account, or you use the Streaming Service, we will formulate an Account for you.

  1. Users of the Streaming Service must also open an account with the Partner, which will provide access details (ie username and password) to the Assets and Technology. Any account with the Partner will be subject to the Partner’s relevant terms and conditions. We may make this document available upon your request in writing, and it will be available from the Partner when creating an account with them.

5.2 You are wholly responsible and liable for any transactions conducted using your Account, whether or not the transaction was authorised by you. If you do not recognise or expect an invoice from us, you should contact us immediately.  

5.3 Accounts and Partner accounts are not to be shared with any user other than the entity they were created for. You must not share your access details with anyone other than the staff (of proper authority) at your venue(s).  

6. Third Party Input

6.1 The Streaming Service is provided using Assets and Technology of the Partner. Use of the Assets and Technology is a requirement to access the Streaming Service.  

6.2 Once you have applied for an Account, you must create an account with the Partner (if you do not already have one), which will provide access to the Assets and Technology. If you do not open an account with the Partner, you will be unable to access the Streaming Service.  

6.3 Upon initiating a Subscription or PAYG Order, the Partner may contact you to organise a time to install (or upgrade) the requisite Assets and Technology. Installing of the Assets and Technology is subject to the terms and conditions of the Partner, which must be agreed to prior to installation.

  1. The User and the Partner may agree to install the Assets and Technology prior to opening an Account with and/or initiation a Subscription or PAYG Order.
  1. By creating or applying for an Account and/or initiating a Subscription or PAYG Order, you agree that the Partner may contact you via the details provided for your Account, and that we may provide these details to the Partner. The purpose of this contact will be to create an account with the Partner and/or organise installation of the Assets and Technology. This contact is mandatory as the Assets and Technology are necessary for the provision of the Streaming Service.

6.4 We do not make any warranty or representation, whether express or implied, about the services of the Partner or their Assets and Technology. Apart from the Streaming Service, we do not control what may appear through the Assets and Technology (the Partner controls this).

6.5 Content provided through our Streaming Service is supplied by our Provider. We do not make any warranty or representation, whether express or implied, about the services of the Provider.

7. Fees

7.1 We may accept different methods of payment at different times. Some methods may be added or discontinued.  

7.2 Subscriptions and PAYG Orders each have an associated fee that must be paid as part of using the Streaming Service (Fee). Fees will be made known to you via our Website or through sales personnel of ours. The Fee(s) associated with your prospective purchase will be documented and made available to you.

  1. Per clause 4, Fees may change from time to time.  

7.3 If a payment from you fails and your supplied method of payment may be charged, you authorise us to attempt to charge the same payment method again for the value of the outstanding Fee(s). You are at all times liable for any outstanding Fees associated with your Account per its Subscription(s) and/or PAYG Order(s).

7.4 If GST is payable on a supply made under or in connection with these Terms and Conditions, you must pay as additional consideration an amount equal to the amount of GST payable on that supply.  

  1. Where we quote a Fee, the price will exclude GST unless otherwise stated. Invoices from us will include a GST component.  

7.5 Subscriptions and PAYG Orders are payable in arrears on 30 day terms. The 30 day period for payment will start on the day that the Subscription order or PAYG Order is confirmed by us.  

  1. Subscriptions will automatically renew at the expiration of their then-current term. You may cancel a subscription (and therefore its renewal) by providing us with 14 business days’ prior written notice. We may (not must) provide an option to cancel Subscriptions via our Website.

7.6 Failing to pay a Fee within the time required by these Terms and Conditions may result in your Streaming Service being suspended, and / or the Partner exercising its rights and remedies against you per the agreement between you and the Partner.  

7.7 You are responsible for all costs arising from the use of a Streaming Service including, without limitation, all subscription, browsing/data charges and internet costs. An internet connection is required to access the Streaming Service via the Assets and Technology.

8. Display of Streaming Service

8.1 You are only permitted to display the Streaming Service at the venue (or venues) that you have nominated with us, as recorded against your Account. You must not provide your access to the Streaming Service to any venues that you have not paid a relevant Fee for, or to any third party.

8.2 You must follow our reasonable instructions about how you use the Streaming Services. You must not use a Streaming Service for any improper or unlawful purpose and you must not allow anyone else to do the same.

8.3 You must not circumvent, disable or otherwise interfere with security-related features of the Streaming Service or any features which prevent or restrict the use, distribution or copying of a Streaming Service or any content within a Streaming Service. You must not alter or modify the content or Streaming Service in any way.

8.4 You are not permitted to copy, record, reproduce, republish, post, broadcast, upload, communicate, or make any of the content of a Streaming Service available to any other person or authorise or assist anyone else to do so, except in accordance with these Terms and Conditions.

  1. Provided you are in full compliance with these Terms and Conditions, you may display the output of the Streaming Service via the Assets and Technology to patrons at your venue (or venues) that have an active Subscription or PAYG Order.

8.5 It is your responsibility to accurately record the venue (or venues) of yours that you wish to receive the Streaming Service for each Subscription and / or PAYG Order you have with us.  

8.6 You must ensure, before you use or apply for the Streaming Service, that your internet connection speed in your venue(s) is appropriate for streaming audio-visual content via the Assets and Technology. If you are unsure about your internet connection, you must contact the Partner, or contact us. The Partner and us are not liable or responsible for any shortcomings of your network.

8.7 When you use the Streaming Service, you accept full responsibility for reviewing all classification information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, other viewers of the content.  Where you allow children or young people to view content via the Streaming Service, you are responsible for making sure that the content is suitable for them.

9. Change in Offerings

9.1 We may offer new types of plans, content, Subscriptions, and PAYG Orders from time to time. We may also discontinue any current plans, content, Subscriptions, and PAYG Orders from time to time.

9.2 Subscriptions will allow you to stream one specific event each month to be displayed via the Streaming Service. The Subscription’s included event each month will be displayed on the Entain Venues Live Website (or a particular page within that site or hyperlink off it). We make no guarantees or representations that a particular event will be made available as an inclusion in your Subscription. The included event for each month of your Subscription is determined solely by Entain in its absolute discretion, subject to what is made available by the Provider.  

  1. From time to time, we may make available additional events that you may purchase as an add-on to your current Subscription.  

10. Intellectual Property Rights

10.1 Copyright, trade marks and intellectual property rights in all material, content or software supplied as part of a Streaming Service, are owned by us, or where applicable its licensors, content partners (such as, but not limited to, the Provider), advertisers, and suppliers (such as, but not limited to, the Partner) and Users obtain no interest in those rights.  We grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited licence to use such rights for your in-venue display (to patrons) of the Streaming Service only, in accordance with these Terms and Conditions.

10.2 Except for the limited license per clause 10, no right, title or interest in any material, content, hardware or software supplied as part of a Streaming Service shall be deemed transferred to you, and there shall be only a limited licence and not a sale with respect to any material, content, hardware or software supplied as part of a Streaming Service.  

  1. Your use of the Assets and Technology is subject to your agreement with the Partner.

10.3 You must not do anything involving the Streaming Service which interferes with or breaches any Australian or international copyright laws, or infringes upon any intellectual property rights in the content of the Streaming Service.

10.4 You will not, and you will not assist, facilitate or authorise any third party to:

  1. copy, transfer, rent, reproduce, record, upload, communicate, frame, reverse engineer, decrypt, decompile, disassemble, commercial exploit (other than in accordance with these Terms and Conditions), or alter a Streaming Service or any material or content you obtain from a Streaming Service; or
  1. sell or make any charge for watching or using any part of a Streaming Service.

10.5 You hereby consent to and agree to us displaying your business name(s), venue names(s), logo(s), opening hours, street address(es) and any other general information about you and your venue on our ‘Find a Venue’ (name may change) page at www.sportspick.com.au. You agree that we may, at our discretion, add or remove your listing on ‘Find a Venue’ at any time.  

  1. You grant us a world-wide, non exclusive, royalty free, revocable (upon following the process contained within these terms and conditions) and transferable licence (including a right of sub-licence) to use and exploit the intellectual property rights contained within your business name(s), venue name(s), your logo(s), and any ancillary marks or identifiers of your business(es) to the extent required to enable us to fully exploit clause 10.5. We will not use this intellectual property for another purpose without your permission to do so.
  1. If you do not wish for us to post your details to our ‘Find a Venue’ page, you may opt out of this service by emailing us at venues@entaingroup.com.au. Please ensure that your email requesting to opt out clearly identifies you and the venue(s) that you wish to be opted out of ‘Find a Venue’.

11. Refusal to Register, Suspension, and Termination of User

11.1 We have no obligation to provide or continue to provide you any services.

11.2 We may suspend or terminate your Account and / or your access to the Streaming Service at any time for legal reasons or where we have reason to believe that you are in breach or may be in breach of these Terms and Conditions.

11.3 We may terminate your Account and / or your access to the Streaming Service if we are unable to secure an arrangement with, or disengage from, either the Partner or the Provider (or both), noting that they are essential to the provision of the Streaming Service. Should this occur, we will issue you with a refund of prepaid amounts paid by you for content via the Streaming Service that has not and will not be delivered.  

11.4 You agree that we shall not be liable to you for any termination of your Account or your access to the Streaming Service, except in the case of mistake, fraud, negligence or wilful misconduct by Entain Group.  

11.5 Except in the case of mistake, fraud, negligence or wilful misconduct by us, your sole remedy in the event of termination of your Account or access to the Streaming Service shall be the reimbursement of any prepaid amounts for upcoming events and content that have yet to be provided (such as, but not limited to, a paid-up PAYG Order for a match that has yet to occur). We shall have no further liability to you whatsoever.

11.6 Upon termination of your Account with us or your access to the Streaming Service, you agree and acknowledge that your rights to use the Streaming Service will immediately terminate and you will remove any software provided to you.

11.7 Upon termination of your Account with us or your access to the Streaming Service, any amounts owing by you to us for the provision of the Streaming Services that have been delivered will remain owing until they are settled in full.  

11.8 In the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us, we may furnish any relevant information about you to an intra-group database recording such conduct and, if necessary, hand over your Account details to a collection agency, law enforcement body, or law firm for the recovery of any sums that you owe us and you hereby irrevocably authorise us to do so in the case of such conduct.

12. Anti-Bribery

12.1 You warrant and agree that you nor your personnel have received or been offered any bribe, payment, gift, benefit, kickback or item of value, from us arising out of, or in connection with this agreement.

13. Limitation of Liability

13.1 You agree to fully indemnify, defend and hold the Indemnified Parties harmless immediately on demand, from and against all Claims, arising out of:

  1. any breach of the Terms and Conditions by you; and
  1. any other Claims arising out of your access, use or failed use of the Streaming Service other than as expressly permitted by the Terms and Conditions.

13.2 Subject to clause 13.3, our liability to you for any loss or damage incurred or suffered by you in connection with the Terms of Conditions or your use of the Streaming Service is limited to one of the following:  

  1. resupply of the content of a similar type via the Streaming Service; or
  1. refund of any amounts paid-up or cancellation of any debt for content that was unable to be delivered via the streaming service.

13.3 Unless in the event of our mistake, error, negligence, fraud or wilful misconduct, we are not liable to you for any indirect or consequential loss (even if such losses are foreseeable or if we have been notified by you of the possibility of such loss or damage occurring), including loss of profits, damage to or loss or destruction of your belongings, as a result of you accessing, using, downloading or otherwise interacting with the Streaming Service or Assets and Technology or us.  

13.4 Apart from any rights you have that cannot be lawfully excluded, we do not make any promises or assurances to you about the Streaming Service, the content within the Streaming Service, or these Terms and Conditions. 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 Streaming Service or otherwise in connection with these Terms and Conditions, are expressly excluded.

13.5 Nothing in these Terms and Conditions excludes, restricts or modifies any rights that you may have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. Depending on the entity you are, the services provided to you under these Terms may come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010(Cth).

14. Notices

14.1 Any notice regarding this agreement must be, unless stated otherwise in this agreement, in writing (including email).  

  1. Notices to you from us will be delivered to the email address recorded in your Account.  
  1. Notices from you to us must be delivered to venues@entaingroup.com.au.

15. General

15.1 This document, the application form that you complete, and any order forms between the parties contain the entire agreement between the parties with respect to its subject matter.  

15.2 No failure to exercise or delay in exercising any right, power or remedy under this agreement operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

15.3 The rights, powers and remedies provided to a party in this agreement are in addition to, and do not exclude or limit (except where stated to), any right, power or remedy provided by law or equity or any agreement.

15.4 Any provision of this agreement which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

15.5 This agreement and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws of Queensland.  In relation to such matters each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction in Queensland and waives any right to object to the venue on any ground.

15.6 Without limiting any other provision of this agreement, clause 10, this clause 15.6, and any other clauses which should by their nature survive termination of this agreement, survive termination or expiry of this agreement for any reason.