Good Morning, I have subscribed to live streaming to a national company to watch motorsports. the service delivered was substandard, we could not watch the show. The company providing the service is not responding to emails. I would like to know what rights I have to receive a refund for the service I paid for.
Your rights are enumerated at this ACCC website.
For the monies paid you can ask for a refund, and assuming you paid with a credit card (or some debit cards) you can contact your bank for a ‘charge back’ for non-delivery of ‘product’. Be sure to formally cancel your service in writing and have that as well as your request for cancellation and refund receipted that it was received by the service providing company.
Always include that ‘detail’ in correspondence.
The service provider says they do not issue refunds unless the event has been cancelled. Do they have that right?
I cannot offer legal advice, but while that may be their policy I doubt it is a legally sustainable position under the ACL. It now reads like this was a once off rather than a subscription; is that the case?
Without further details of what you purchased I doubt any of us could add more of value. Note that your rights under the ACL cannot be abridged, although some dodgy companies will not adhere to them since they know at the end of the day if they stonewall, the consumer has to sue them or take them to a tribunal; neither will happen very often.
If it is an off-shore service your rights would likely be quite difficult to enforce.
To be able to help, you need to provide much more detail…
- Which company is the livestreaming service provided by?
- Plese describe the problem(s) whereby you could not watch the show. Also clarify, factually how the show appeared to you.
- Do you have another comparable service (by that company or another) which you receive sucessfully?
If not then:
- What device(s) are you live streaming to? Is it onto your computer, your TV, your tablet, your phone, etc.
- How is the live stream getting there to you? Are you using mobile phone reception, NBN, ADSL, fixed wireless, satellite, etc.
- Are you in an area affected or impacted in any way by the bushfires or other recent weather events?..
Then you say:
So it appears you have been in contact with them. Have you tried calling their help line to try and sort your issues out?
The service provider will likely lay the blame back on you and your equipment as a first response, so you should eliminate all other variables above, apart from the actual service before making a claim under the ACL. When you make the claim, you can include all the things you have done to confirm that it was the actual service delivery that was at fault.
HI, the streaming service is known as Clayperview, it is for watching dirt track motor racing. You pay a fee for each live race. They cannot be contacted by phone and they do not respond to all emails. There has been many posts on FB from unhappy users. One user got an email from them saying that they do not offer refunds unless the event has been cancelled. There was an event which they were streaming last night that was very poor. It kept going off air, lagging and freezing. It was being streamed from a speedway in Victoria, of which the speedway does not want to know about it. They are saying it is not their problem, to contact the supplier direct.
Unless the speedway had a contract with Clay-per-view to stream the races I can understand their position. Was there such a contract?
Any business that hides, and this is a form of hiding, has been documented as a red flag for customers in many topics on the forum. If there is no business information nor phone one is at a far arms length with the company behind an opaque screen to protect themselves.
They apparently don’t want to know you excepting to accept your money. I trust you checked them before signing up, not just afterwards when you had problems? (A slick web site means nothing.)
Seems your best and probably only option is a charge back through your credit card. You will probably need to document why you did not receive what you paid for, and any claims you make about how their terms contravene the ACL.