Original Fetch retailer terms recovered as CBS advises further contact

ScanTract has recovered archived copies of Fetch’s retailer-specific Terms of Use from 13 August 2016 and its retail Mighty and Mini product comparison from 22 November 2016. The retailer agreement expressly applies to boxes bought at retail outlets, not boxes supplied through an internet service provider. The archived comparison advertised a $1 activation charge and no ongoing cost for the Starter Pack on both devices; optional entertainment packages were priced separately.

These documents are important contemporary evidence of what retail buyers were told. They are not proof that every later service change was prohibited, and the August 2016 archive may not be the exact contract version applicable to each individual activation. We are preserving the original archive links and relevant purchase records for any subsequent review.

The historic retailer agreement distinguishes the required Starter Pack from optional paid Add-On Packs. Clause 1(a) warns that cancelling the Starter Pack makes the box non-functional; section 3(d) says an active Starter Pack subscription is required for operation, while section 4 separately discusses cancelling paid Add-On Packs. Section 6 describes terminating the Fetch service by deactivating an account. Those terms do not establish that cancelling an optional paid entertainment pack was equivalent to closing the account or cancelling the Starter Pack.

That distinction matters for customers who have kept an active account and the originally included Starter Pack without a paid content subscription. However, the agreement also ties the box to an active Starter Pack, so we cannot claim it guaranteed independent operation after all Fetch services ended. Section 4 additionally states that digital free-to-air channels received through the box are not part of the Fetch TV service; whether that basic reception can technically be preserved without ongoing authentication remains an open question.

The retailer terms also reserve rights for Fetch: clause 1(c) permits variation on at least 14 days’ notice, with cancellation available if the change is materially detrimental, and section 4 discusses withdrawing features or functionality. These provisions must be evaluated alongside the original no-ongoing-cost advertising, other purchase terms, actual notice and Australian Consumer Law. Fetch’s final Level 2 correspondence referred to a Clause 14 variation provision; we have not located that numbered clause in the recovered 2016 retail agreement. Its variation wording is instead in clause 1(c). A different later version may exist.

Following ScanTract’s request to South Australian Consumer and Business Services (CBS), a CBS adviser contacted us by telephone. We were advised to raise the original retail terms and representations directly with Fetch and report back on the company’s response. This is our account of the telephone advice, not a written CBS finding on fairness or a legal decision. CBS offers consumer advice and, for some suitable matters, a separate conciliation process. It has not agreed to conciliate this dispute or issued a determination.

Fetch had previously stated that its Level 2 review was final, but ScanTract’s subsequent written response generated a separate support ticket, which remains active at the time of this update. We will use that channel to seek Fetch’s position on the original retailer documents before reporting further developments to CBS. Our earlier ACCC consumer report has been acknowledged; no substantive ACCC outcome has been received.

Some people discussing the campaign on social media have mentioned a possible class action. No class action has been commenced or announced by ScanTract. Under the Federal Court representative-proceedings framework, a case generally requires at least seven people with claims arising from similar or related circumstances and a substantial common issue of law or fact. A prior regulator ruling or proof that customers have already paid the levy is not a prerequisite to commencing a proceeding. However, whether a viable claim exists, who could be included, the evidence, likely remedies and costs are questions for independent legal practitioners, not conclusions ScanTract can make.

For affected directly contacted retail customers, Fetch’s current public policy continues to state a 30 November 2026 deadline for choosing an eligible option and service suspension from 1 December if no action is taken. Fetch distinguishes recoverable suspension from possible later permanent deactivation, without publishing the length of the recovery period. Contact Fetch directly about your own account before taking irreversible steps. Neither a complaint nor discussion of legal action automatically prevents suspension.

Our objective remains straightforward: clarify whether new payment conditions for previously included functionality are contractually authorised and fair, and explore whether working hardware can continue providing basic lawful functionality without unnecessary electronic waste. We will publish further verified developments when Fetch, CBS or the ACCC responds. This is consumer advocacy information, not legal advice or a finding of wrongdoing.