Audible Australia Service Conditions of Use
Last updated: 24 October 2023
This is an agreement between you and Audible Australia Pty Ltd (ABN 89 624 383 811) (with its affiliates, "Audible", "we" or "us") regarding the digital spoken word audio entertainment service operated by Audible (the "Service"). These Audible Australia Service Conditions of Use and the Amazon.com.au Conditions of Use collectively referred to as the "Terms" govern your use of the Service. Audible is an affiliate of Amazon Commercial Services Pty Ltd and the Service is an Amazon Service for the purposes of the Amazon.com.au Conditions of Use. These Audible Australia Service Conditions of Use will take precedence over any conflicting provisions of the Amazon.com.au Conditions of Use. Please review our Privacy Notice and Cookies Notice to understand how we collect and process your personal information through the Service.
By signing up for or using the Service, you agree to the Terms on behalf of yourself and all members of your household and others who use the Service under your Audible or Amazon.com.au account.
To use the Service, you must have an Amazon.com.au account. The payment methods on file with your Amazon.com.au account will be used to pay for the Service. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To manage your Audible notification preferences, please visit the Audible.com.au notification setting page.
2. Membership Plans
As part of our Service, we may offer membership plans and may change them from time to time.
As part of a membership plan or a Service promotion, we may issue you credits redeemable for Content on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. All Credits are valid for a limited time as described in the applicable membership plan and promotional terms and conditions. Credits expire immediately upon the cancellation or termination of your membership plan unless used prior to cancellation or termination.
4. Purchased Content
Content you purchase will be available in your Audible library for you to access at your convenience except as otherwise set out in these Terms. If you receive a refund for Credits that have been redeemed, we may remove any Content you purchased with those Credits from your account, devices and applications or otherwise restrict your ability to access it.
5. Promotional and Membership Content
We may make Content available to you from time to time through the Service at no additional charge (on top of the membership or subscription fee). Subject to Section 6 below, you will have access to this Content only for so long as we make it available or, where it is provided as a benefit of a membership plan, for so long as you remain a member of your plan in good standing. We may also remove this Content from your account, devices and applications or otherwise restrict your ability to access it.
6. Content Availability
Due to, for example, licensing restrictions, content moderation or technical issues, we may add or remove purchasable, promotional and membership content (collectively, "Content") from our catalogue, membership plans, subscriptions and our Service at any time and we make no guarantee as to the amount or availability of specific Content on the Service or in any membership plan or subscription. Some of our Content may be offered only in limited territories, and we may use geofiltering technology to restrict access outside of those territories.
7. Fees and Automatic Renewal
Fees for purchased Content, membership plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our help pages. Fees may be subject to tax, collected by us or a third party through which you transact and are non-refundable except in the specific circumstances described in these Terms.
If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge (or earlier if required by your third party billing provider) that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes using any payment method we have on file for you.
If all payment methods we have on file for you are declined for payment of your membership or subscription fees, we may cancel your membership plan or subscription, as applicable, unless you provide us with a new eligible payment method. If you provide us with a new eligible payment method and are successfully charged before your membership plan or subscription is cancelled, your new membership plan or subscription period will be based on the original renewal date and not the date of the successful charge.
8. Membership Plan and Subscription Cancellation
You may cancel your membership plan and any subscriptions by visiting “My account” on Audible.com.au or as otherwise directed by Audible (your "Account Details") and adjusting your membership settings and subscription preferences, or by contacting our Customer Service team. If you signed up for your membership plan or subscription using an Audible mobile application, please visit this page for iOS (https://support.apple.com/en-au/HT202039) and this page for Audible Google Play (https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DDesktop) for information on how to cancel. If you cancel your membership plan or subscription, your benefits will continue until the end of the current billing cycle, and you will not receive a refund of any fees already paid. Cancellation does not terminate your access to purchased Content. If you close or delete the Amazon account associated with your Audible membership plan or subscription (rather than cancel), you will lose access to purchased Content.
9. No transfer or assignment of membership plan or subscription or benefits
You may not transfer or assign your membership plan or subscription or any Service benefits.
10. Content Restrictions
You may not: (i) transfer, copy or display Content, except as permitted in these Terms; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any commercial or illegal purpose.
11. Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships (“Trials”), which are subject to these Terms except as otherwise stated in the Trial terms and conditions. We reserve the right to determine your eligibility. Trial members may, at any time, choose not to continue to paid membership by cancelling prior to the end of the Trial, or earlier if required by your third party billing provider. If you do not cancel during the Trial, you understand your membership will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes using any payment method we have on file for you. If a Trial requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Credits or Content you may have received as part of the Trial.
12. Changes to the Service
We may change any aspect of the Service in accordance with the applicable section of the Amazon.com.au Conditions of Use (currently Section 15). Where we make a materially adverse change to the Service, as reasonably determined by us, we will provide 30 days’ prior written notice by email or reasonably substitutable means. Any increase in the applicable membership or subscription fee will not apply before the end of your current membership plan or subscription. Your continued membership and use of the Service after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your membership plan or subscription in accordance with Section 8.
13. Amendments to these Terms
We may change these Terms in accordance with the applicable section of the Amazon.com.au Conditions of Use (currently Section 16). Where we make a materially adverse change to these Terms, as reasonably determined by us, we will provide 30 days’ prior written notice by email or reasonably substitutable means. Any changes implemented by Audible will not affect your rights to cancel your membership or subscription. Your continued membership and use of the Service after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your membership plan or subscription in accordance with Section 8.
14. Termination by Audible
We may terminate your membership plan or subscription with 30 days’ notice for convenience and will give you a prorated refund of your paid membership or subscription fee based on the time remaining in your current membership plan or subscription.
Notwithstanding the foregoing, if we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws or these Terms, we may take action in accordance with the applicable section of the Amazon.com.au Conditions of Use (currently Section 6) including terminating your membership plan or subscription immediately by notice. In this case we will not give any refund. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
If the Amazon account associated with your Audible membership plan or subscription is closed or deleted, you will lose access to purchased Content.
15. Disputes, Applicable Law, Disclaimer and Liability
Any dispute or claim arising from or relating to these Terms or your use of the Service is subject to the applicable law (currently Section 14) and the disclaimer and liability (currently Section 13) in the Amazon.com.au Conditions of Use.
16. Statutory Rights and Remedies
Nothing in these Terms is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these Terms applies to the full extent permitted by law and subject to any non-excludable right or remedy.
17. Our Contact Details
For general inquiries: Contact us
Address for service of notices for Audible Australia Pty Ltd
Level 8, 2 Market Street, Sydney NSW 2000