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TERMS OF USE

  1. Overview

1.1 The Horde is a podcast on demand subscription service that provides its customers with access to a wide range of sports podcasts content and other audio content (“Content“) for streaming and download on podcast apps over the internet (“The Horde Service”) to certain internet connected devices (“Supported Devices”). The podcast apps that you can use to access The Horde Service are Apple Podcasts, Google Podcasts, Overcast, Pocketcasts, Podcast Addict, Castbox, BeyondPod, Downcast, PlayerFM, Breaker, and RadioPublic (“podcast apps”).

1.2 For certain Supported Devices, The Horde Service is accessed via third party software that allows you to subscribe and listen via podcast apps (“Software”). You may need to install and download the podcast apps on a Supported Device to access The Horde Service. If your Supported Device is a PC or a Mac, The Horde Service is accessed via the website thehorde.com (“The Horde Website”).

1.3 The Horde Service is provided by The Horde Network Pty Ltd (ABN 51 647 446 419) (“we“, “us” or “our“).

2. Agreement

2.1 This subscriber Agreement governs your use of The Horde Service (including your use of The Horde Website). You agree to this Agreement by clicking “I agree” (or other similar industry standard wording) during The Horde registration process when registering an account to access The Horde Service (“Account“) and during other instances following registration of your Account (e.g. if you change your Subscription Plan to your Account), and you ratify the Agreement when you use any aspect of The Horde Service. If you do not agree to be bound by the terms of this Agreement, you may not use The Horde Service.

2.2 This Agreement incorporates:

a. your Account details;

b. these terms of use; and

c. our Privacy Policy.

2.3 We may change the terms of this Agreement at any time. We will notify you of any material change prior to the date such change comes into effect. If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 7 below. If you do not agree to any change to the terms of this Agreement, you must discontinue use of The Horde Service. Our customer service teams are not authorised to make any modifications to any terms of this Agreement, either in writing or verbally.

2.4 You can contact us via thehorde.com/contact-us at any time to obtain a copy of the current version of this Agreement and any preceding versions of this Agreement.

2.5 This Agreement continues month to month unless you cancel your Account or we terminate this Agreement in accordance with the terms of this Agreement.

3. Eligibility and Registration

3.1 To register for an Account which will allow you to subscribe to The Horde Service, you must:

a. provide us with your email address;

b. select a Subscription Plan in accordance with clause 4 of this Agreement

c. provide us with the details of your valid, current and accepted method of payment (including via d. credit/debit card or PayPal account), as may be updated from time to time, and which may include payment through your account with a third party (such as, for example, Supporting Cast) (“Payment Method“);

e. have an Australian residential address and provide us with your postal address and postcode;

f. accept the terms of this Agreement; and

g. agree to receive news, offers and updates on The Horde (including in accordance with our Privacy Policy and applicable law) (see clause 6.14 below for more information).

3.2 To access The Horde Service, you must:

a. register an Account;

b. have a Supported Device that is connected to the internet in Australia; and

c. subject to the specific terms of any promotional offer, pay the Subscription Fee (as defined below) in accordance with clause 5 below.

4. Subscription Plans

4.1 The Horde offers different subscription plans for the base The Horde Service (“Subscription Plan(s)“). A different subscription fee (“Subscription Fee“) applies to each Subscription Plan. Information on the inclusions within each Subscription Plan is available at thehorde.com.

4.2 You must choose your Subscription Plan when you create your Account.

4.3 If you already have an Account then you can change your Subscription Plan by visiting horde.supportingcast.fm/account

4.4 If you change your Subscription Plan we will commence charging your Payment Method the then current Subscription Fee for the Subscription Plan you are using at the commencement of your next subscription period in accordance with clause 5 below.

4.5 The Horde Service may be offered to you as part of a third party promotional in conjunction with the provision of that third party’s own products and services (including bundling promotions and/or packages). We are not responsible for any products and services provided by third parties. Some subscription plans offered by third parties may have differing conditions and limitations and additional fees to the Subscription Fees, which will be disclosed at the time you sign-up or in other communications provided to you. In the event you register for an Account with The Horde via a third party provider, you can still find details regarding your The Horde Account by visiting our website and clicking on the “Manage Account” tab available at the top of the pages of our website under your profile.

5. Payment

5.1 By registering your Account and providing us with the details of your Payment Method, you authorise us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan in accordance with this Agreement.

5.2 If you select the monthly Subscription Plan, the Subscription Fee for your Subscription Plan will be charged to your Payment Method in advance of each monthly subscription period. You may update your Payment Method by going to horde.supportingcast.fm/account. Following any update, you authorise us to continue to charge the applicable Payment Method(s).

5.3 Your first monthly subscription period for your Subscription Plan starts when you:

(a) create your Account; and

(b) pay your first monthly Subscription Fee from your Payment Method.

5.4 At the end of the first monthly subscription period and each monthly subscription period thereafter, we will automatically renew your monthly subscription and charge your Payment Method the monthly Subscription Fee unless and until you cancel your Account. Your Payment Method will be charged the monthly Subscription Fee on the anniversary date of your sign-up to The Horde Service in each month. If you created your Account on the 31st of the month, your Payment Method will be charged the monthly Subscription Fee on the last day of each month. If you created your Account on the 28th, 29th, 30th or 31st of the month, in respect of your monthly Subscription Fee for February, your Payment Method will be charged on the last day of February.

5.5 If you select the annual Subscription Plan, the Subscription Fee for your Subscription Plan will be charged to your Payment Method on the day you sign-up. At the end of the first annual subscription period and each annual subscription period thereafter, we will automatically renew your annual Subscription Plan and charge your Payment Method the annual Subscription Fee on the anniversary date of your sign-up to the Horde Service each year.

5.6 Unless expressly stated otherwise, all Subscription Fees are GST inclusive.

5.7 You must ensure that the details of your Payment Method remain accurate and up to date. You can change your Payment Method details by visiting horde.supportingcast.fm/account.

5.8 If you registered an Account via a third party and registered your Payment Method with the third party, you can find the billing information about your The Horde subscription by visiting your Account with the applicable third party.

5.9 We may make any changes to the Subscription Fee (including increasing the Subscription Fee) for the Subscription Plan you are currently subscribed to at any time by giving you at least 30 days’ notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).

5.10 If we are unable to collect the Subscription Fee from your Payment Method(s) for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to The Horde Service without giving you notice until we have successfully charged a valid Payment Method.

5.11 If we are able to collect the Subscription Fee (if relevant) from your Payment Method(s) during a period of suspension under clause 5.10 (including without limitation where you provide us with new or updated details of your Payment Method) we will reinstate your access to The Horde Service and your new subscription period will commence on the date we successfully charge your Payment Method.

6. Usage and Your Account

6.1 The Horde Service, the Software and any Content that you listen to via the The Horde Service are for your personal and non-commercial use only and may not be made available to listen in any commercial premises. We grant you a limited, non-exclusive, personal and non-transferable license to access The Horde Service and listen to Content through The Horde Service on a streaming or Temporary Download basis (as defined below); and

6.2 You must not download Content except:

a. for a temporary buffer required to overcome variations in stream bandwidth;

b. for the temporary download of Content to a Supported Device subject to our download requirements (“Temporary Download“).

6.3 Except as expressly authorised under the terms of this Agreement or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through The Horde Service or The Horde Website.

6.4 You must only use The Horde Service (and listen to any Content on The Horde Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.

6.5 Except for the limited licence granted under clause 6.1 above, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.

6.6 You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures employed by The Horde Service.

6.7 You can view and change your Account details, including information about billing, payment and your registered Supported Devices, by visiting horde.supportingcast.fm/account.

6.8 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using The Horde Service (including your internet and mobile usage when Temporarily Downloading Content). Please contact your internet service provider or mobile telecommunications provider for details of your account access fees, data charges and other costs.

6.9 You may stream Content through The Horde Service in Australia and internationally (and where internet or mobile data access to the required standard is available).

6.10 The Content on The Horde Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.

6.11 You must keep your Account details private and you must not share these details, including by maintaining control over the relevant Supported Devices linked to your Account. You are also responsible for maintaining and regularly updating the accuracy of the information you provide to us relating to your Account. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.

6.12 The Horde Service and the Software contains software that may track and capture information about your activity (including information about your listening habits, information about Supported 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) and will send this information to us. We use this information for purposes including identifying the Supported Devices registered to your Account, to determine eligibility for promotional offers, to confirm your right to use The Horde Service and to otherwise enhance and improve the Software and The Horde Service. By installing the Software and using The Horde Service, you consent to the transmission of this information.

6.13 We and our sub-contractors may use industry standard content access technology to protect intellectual property, including copyrighted content. If a Supported Device fails to properly enforce restrictions on content usage, content owners may require the relevant provider of the industry standard technology to revoke the device’s ability to consume protected content. Revocation should not affect unprotected content or content protected by other content access technologies. You may be required to upgrade any relevant industry standard system to access content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

6.14 From time to time, The Horde may send you communications to provide marketing, advertising, and other news or offers regarding The Horde Service. If you no longer want to receive certain communications from us via email or other means, click ‘Unsubscribe’ or ‘Unsubscribe from this list’, which is located at  the bottom of the email or send an email to us at podcasts@thehorde.com requesting to unsubscribe.

7. Suspension and Cancellation

7.1 You may cancel your Subscription Plan at any time by visiting horde.supportingcast.fm/account and clicking “Disable Auto-Renew”

7.2 Unless you cancel your Subscription Plan before your billing date as outlined in this clause above, you authorise us to charge the relevant subscription fee for the next billing cycle to your Payment Method. To the extent permitted by the applicable law, you will not receive a refund of any fees or other amounts already paid to us when you cancel.

7.3 If you wish to cancel as a result of us changing this Agreement in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that change. Your cancellation will be effective as of the date of the change to this Agreement, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.

7.4 If you cancel your Account, you may reactivate your Account at any time by visiting thehorde.com.

7.5 If you signed up for The Horde using your Account with a third party as a Payment Method and wish to cancel your Account, 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 base The Horde Service through that third party. You may also find billing information about your Subscription Plan by visiting your Account with the applicable third party.

7.6 We may cancel this Agreement or your Account at any time. Except as set out in clause 7.7 below, if we cancel this Agreement or your Account, you will be able to access The Horde Service for the remainder of the current subscription period unless we cancel this Agreement or your Account during the free trial period (if any), in which case, we will cancel your Account and your access to The Horde Service immediately.

7.7 We may immediately suspend, restrict or cancel your Account or access to The Horde Service:

a. where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;

b. if you use the Content or The Horde Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors (including, without limitation, with respect to clauses 6 and 8 of this Agreement);

c. if you breach any term of this Agreement;

d. if we suspect the occurrence of any identity theft or other fraudulent activity; or

e. if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.

8. Intellectual Property

8.1 All Content on or available through The Horde Service (including the Content, and all other works, subject matter and other material comprising or available on The Horde Website is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of The Horde Service and Software is subject to, all relevant intellectual property laws.

8.2 We take the infringement of copyright and other intellectual property rights very seriously. We reserve the right to take all steps necessary to prevent the unauthorised copying, distribution, reproduction, transmission, communication or exploitation of the Content.

8.3 The Horde is a registered trademark of The Horde Network Pty Ltd. The Horde’s graphics and logos are trademarks of The Horde Network Pty Ltd. The Horde’s trademarks may not be used in conjunction with any product or service other than The Horde Service. All other trademarks that appear on The Horde Website that are not owned by The Horde Network Pty Ltd are the property of their respective owners.

8.4 We may permit you to post or upload content, information or other material to your Account or in connection with The Horde Service. You may not post or upload anything which is illegal, obscene, threatening, defamatory, which infringes any person’s rights (including without limitation intellectual property rights) or is otherwise objectionable to us. By posting any such material, you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, display, sublicense, modify, adapt and communicate that material to the public.

9. Liability

9.1 To the maximum extent permitted by law (but subject to clause 9.2):

a. The Horde Service and all Content and Software and any other features or functions associated with The Horde Service, are provided “as is” and “as available” with all faults and without warranty or condition;

b. we do not make any promises or assurances to you about The Horde Service, the Content or the Software, including without limitation that your use of The Horde Service or the Software will be uninterrupted or error-free;

c. we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other Content available on or via The Horde Service, The Horde Website and we do not accept any liability in relation to your reliance on such information, advice or other Content;

d. 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 Horde Service or otherwise in connection with this Agreement are expressly excluded;

e. we will not be liable for any loss or damage (including special, indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of The Horde Service (including The Horde Website).

9.2 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 Horde Service comes with statutory guarantees under consumer protection laws that cannot be excluded.

9.3 You are responsible for all acts and omissions of any person who uses your The Horde Service.

9.4 You indemnify us and our shareholders, directors, officers, employees, suppliers, content partners and licensors (each an “indemnified party“) from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with:

a. our supply, suspension, restriction or cancellation of The Horde Service or your Account; or

b. your use of The Horde Service, including in connection with any content, information or other material posted on The Horde Website or any other information you provide to us, unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s willful default, negligence or breach of this Agreement.

10. Privacy

10.1 We collect, store, use and disclose personal information in accordance with our Privacy Policy. By creating an Account, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy.

11. General

11.1 Assignment: We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement. You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.

11.2 Customer Support: To find more information about The Horde Service and its features or if you need assistance with your Account, please visit our website (https://thehorde.com/contact-us). In the event of any conflict between this Agreement and information provided by customer support  or other portions of our website, this Agreement will control.

11.3 Governing Law: This Agreement is governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

11.4 Severability: If any provision or provisions of this Agreement 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.

11.5 Survival: The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

11.6 Electronic Communications: The Horde may send you information relating to your Account (e.g. payment authorisations, 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.

11.7 Unsolicited Materials: The Horde does not accept unsolicited materials or ideas for The Horde Content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to The Horde.

11.8 No Advice: You acknowledge and agree that the Content you receive through The Horde Service is intended for informational and entertainment purposes only. The Content does not constitute financial, legal, medical, professional or healthcare advice or diagnosis and cannot be used for such purposes.

11.9 Content: The Content on The Horde Service varies widely and Content may contain information that you find degrading, offensive, indecent, explicit or objectionable. The Horde takes no responsibility for and does not endorse any third party content, advertisements or any third party material. We also do not guarantee that you will agree with the Content on The Horde Service. You acknowledge and agree that it is your responsibility for making your own choices as to what Content you deem appropriate for you and your family and you acknowledge and accept the above risks.

11.10 Class Action Waiver: Where permitted under the applicable law and excluding for any matter litigated in a small claims forum, you and The Horde 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 Horde agree otherwise, the court may not consolidate more than one person’s claims with your claims nor combine any arbitration with another, and may not otherwise preside over any form of a representative or class proceeding.