1. INTRODUCTION

These terms of use (the “Agreement”) set out the relationship between FIGHTING CHANCE FILMS PTY LTD (ABN 23 639 199 769) (“Shelter” or “Us” or “us” or “our”) and you (“You”, “you” or “your”), with regards to your use of the Service, as amended from time to time by us.


2. DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context otherwise requires, the following definitions shall apply:

  • “Account” means a Platform account made available by us to you that enables you to access the Service;
  • “App” means a software application that allows you to access the Service on the Platform;
  • “Content” means the audio-visual content such as films, television series, episodes of a television series and other content offered for streaming on the Platform;
  • “Free Trial” means a free trial period that may be offered by us to you in relation to the Service;
  • “Intellectual Property Rights” shall mean patents, trademarks, discoveries, inventions, improvements, processes, technology, data, copyright, database rights, design rights, domain names, trade secrets, confidential information, or any other proprietary or intellectual property rights, whether registered or unregistered;
  • “Personal Information” has the meaning as defined in the Privacy Act 1998 (Cth);
  • “Platform” means the digital platform provided by us and/or by third party services providers on our behalf that includes, but is not limited to, all Content, information, pages, graphics, text, video and facilities on the platform along with any corrections, enhancements, upgrades, or updates to it;
  • “Privacy Policy” means our privacy policy located on our Website;
  • “Promotional Offer” means a promotional offer from us to you as set out in clause 7;
  • “Service” means the video-on-demand subscription service provided by us to you allowing you via your Account to access the Content on the Platform on Supported Devices;
  • “Subscription Fees” means the monthly subscription fee payable to access the Service;
  • “Supported Device” means the supported internet-connected devices as set out on the Website and/or Platform, and as may be amended from time to time by us; and
  • “Website” means our website accessible at: https://www.shelter.stream.

3. INFORMATION ABOUT US

3.1.We provide the Service and are the operator of the Platform on which the Service is provided. Your access to the Service is permitted on a temporary basis and we are not liable if the Service, or parts of the Service are unavailable or restricted to you for any period of time or at any time.
3.2.Your use of the Service is governed by this Agreement, your Account details and our Privacy Policy. Please take the time to read these terms carefully as they include important terms that apply to you. By in any way using or accessing the Service, you agree to be bound by these terms. Should you not understand any of the Agreement or not accept any part of the Agreement, then you should not use the Service.

4. YOUR ACCOUNT

4.1.To access the Service, you must:

a. set up an Account with us;

b. have a Supported Device that is connected to the internet and allows you to access the Platform (you may need to install the App to access the Platform on your Supported Device); and

c. subject to any Promotional Offer, pay the Subscription Fee that applies to your subscription plan.

4.2.In order to create an Account you must be at least eighteen (18) years of age. You are also required to provide a valid email address and valid payment method details (such as a valid credit or debit card).

4.3.Subject to your meeting the requirements of clauses 4.1 and 4.2 and complying with all the terms of this Agreement, we shall generate an Account for you and provide login details that shall enable you to access the Service. We may offer different subscription plans for the Service with different Subscription Fees that apply to each subscription plan. Where such subscription plans are offered, you may choose your subscription plan when you setup your Account. Where such subscription plans are offered you may also change your subscription plan via our Website or App, such change to take effect from the beginning of your next monthly subscription period.

4.4.The Service may only be used by you for your own personal, non-commercial use and is not to be shared with individuals beyond your household.

4.5.You are responsible for your acts and omissions, as well as for any unauthorised use of your Account. You shall take all reasonable steps to ensure that that third parties do not gain unauthorised access to your Account. We are in no way responsible for use by any unauthorised user of your Account.

4.6.You shall not interfere with the use of the Service that is provided to other users of the Service. The acquisition or use of passwords of other customers of ours is strictly prohibited. Use of tools that compromise security, such as, but not limited to password cracking programs, is strictly prohibited.

4.7.When using the Service you agree that you will not:

a. violate any state, federal or foreign laws or regulations;

b. facilitate fraudulent or illegal activity of any kind; and

c. data scrape, data mine, data harvest or conduct any other systematic data collection activity.

4.8.You agree that the Service may evolve at any time. We may require that you accept changes or updates to the Service, and you agree that we may change or update the Service without notifying you.

4.9.You agree that we may remove or suspend any Content from the Service at any time without notice to you. We will not be liable to you or third parties for any losses as a result of such removal or suspension of Content. We furthermore reserve the right to cancel any Content for reasons such as, but not limited to an error with the Service.

4.10.You agree that there may be times when the Service is not available for technical or other reasons, including maintenance.

4.11.You agree that we are not under any obligation to add any enhancements to the Service, or fix any errors in the Service. Furthermore, we are not responsible for providing any training or advice to you in relation to the Service.

5. SUBSCRIPTION FEES

5.1.Subscription Fees that apply to your subscription plan are stated on the Website and/or Platform and are payable and due monthly in advance of each monthly subscription period.

5.2.If you change your current subscription plan to a different subscription plan that we may offer then we will charge you your new Subscription Fees at the beginning of your next monthly subscription period.

5.3.Your first monthly Subscription Fees are due, subject to any Promotional Offer, when you set up an Account with us.

5.4.Where you have a Free Trial, and you have not cancelled your Account before the expiry of your Free Trial, we will charge you at the expiry of your Free Trial.

5.5.Your subscription automatically renews at the end of each monthly subscription period unless you cancel your Account with us. If you cancel your Account during a monthly subscription period, your Service will continue until the end of the monthly subscription period in which you cancelled your subscription, and you must still pay the full Subscription Fee for that month, after which time your Account will be suspended and your access to the Service will immediately end.

5.6.Where we charge other fees other than the Subscription Fee for accessing specific Content or other products and/or services, those fees are listed on the Platform. All payments of such other fees are payable in advance.

5.7.Failure to pay any Subscription Fees or any other fees when due may result in your immediate suspension and/or termination from the Service.

6. PAYMENT

6.1.We currently accept mobile payments and valid credit and debit card payments from banks that we deem acceptable and as set out on the Website and/or Platform. Subject to any Promotional Offer, at the time you create an Account and subscribe to the Service, we will debit the credit card or debit card that you have nominated the Subscription Fee that applies to your subscription plan.

6.2.Where payment is unable to be processed, we will reject your subscription and notify you accordingly. We are not liable for any loss, delay or failure in accessing the Service that you or a third party suffers that is due to incomplete or inaccurate payment information.

6.3.We may suspend your Account if it is pending credit or debit card verification, such cards must be cleared by us before the Service and Content will be accessible to you.

6.4.All fees are GST inclusive unless otherwise expressly stated.

6.5.All amounts are quoted in Australian Dollars (AUD) by default unless otherwise stated, you may select an alternative currency when using the Service. Currency conversion fees or FX rates used to ascertain the amount you will pay for the Service are determined by your mobile payment or your credit or debit card provider and we accept no liability for differences between the prices of the Service and the amounts you are charged.

7. PROMOTIONAL OFFERS


7.1.Any Promotional Offer is subject to any additional terms and conditions that apply in respect of that Promotional Offer and it is your responsibility to familiarise yourself with the terms of that Promotional Offer.
7.2.Restrictions may apply with respect to combinations of Promotional Offers.
7.3.In the event of any inconsistency between a Promotional Offer’s additional terms and conditions and this Agreement, the Promotional Offer additional terms and conditions shall take precedence over this Agreement.
7.4.We may change, suspend or withdraw any Promotional Offer at any time or change eligibility criteria at our sole and absolute discretion.
7.5.We may, from time to time, run Promotional Offers in the form of a Free Trial. Free Trials are only offered to new subscribers to the Service.
7.6.At the expiration of your Free Trial we will commence billing you the Subscription Fees. It is your responsibility to cancel your Account before the end of your Free Trial if you do not wish to continue with the Service and be charged the Subscription Fees.

8. LICENSE

8.1.In consideration of your payment of the Subscription Fees, we grant to you, and you accept, subject to the terms of this Agreement, a non-exclusive and non-transferable, revokable, non-assignable limited license to access the Service and view the Content on a streaming basis for your own personal, non-commercial purposes only. You shall not grant sub-licenses, in whole or in part of any of the rights granted to you under this Agreement.

8.2.You shall not download, copy, adapt, reproduce, distribute, archive, modify, publish, offer for sale or rental, perform or create derivative works from the Content, the Platform, the App, the Website or the Service. You shall not attempt to circumvent any anti-piracy measures utilised by the Service.

8.3.The license granted under clause 8.1 does not entitle you to access, copy, modify or use the source code of the Content, the App, the Website or the Platform. You agree that you shall not cause or permit the reverse-engineering, disassembly, translation or decompilation of the Content, the App, the Website or the Platform or analyse or otherwise examine the Content, the App, the Website and the Platform for the purpose of reverse-engineering.

8.4.You shall not use the Service for any public performance of any kind.

8.5.You shall not permit any third party (beyond your household as permitted by your subscription) to use the Service and access the Content on your behalf in any manner whatsoever.

8.6.Other than the license granted under clause 8.1, no right, title or interest shall be transferred to you, and any other use by you not consistent with the provisions of this Agreement shall constitute a material breach of this Agreement.

9. PRIVACY POLICY AND CONFIDENTIALITY

Any Personal Information provided during the use of the Service will be treated in line with our Privacy Policy, and which forms a part of this Agreement. By using the Service, you are consenting to the contents of the Privacy Policy. Subject to our Privacy Policy, we have the right to use, distribute, copy and disclose any material that you upload to the Service, such material shall be considered non-confidential and non-proprietary. We may also disclose your identity to a third party where that party claims material you have posted or uploaded violated their rights such as but not limited to: their right to privacy or their Intellectual Property Rights.

10. WARRANTIES AND DISCLAIMERS

10.1.The Service is provided “as is” without warranty or representation of any kind either express or implied including without limitation any warranties of quality, fitness for a particular purpose and non-infringement.

10.2.The audio-visual quality of the Content and your ability to view the Content may vary depending on the Supported Device you are viewing the Content on and/or your internet connection. Not all Content will be available in all formats, in all geographical locations or at all times. Not all subscription plans may allow you to access all Content. Internet usage charges are your own responsibility and we accept no liability for internet charges, including cellular data charges, you incur using the Service.

10.3.Whilst we shall use reasonable endeavours to try and prevent them, the Service may contain errors, inaccuracies or faults and may not be current or complete. Functionality and features may differ between Supported Devices.

10.4.To the maximum amount permitted by law, we shall not be liable for any direct or indirect losses or claims as a result of our failing to provide the Service, or for any downtime, suspension or cancellation of the Service or any Content in whole or in part.

10.5.We exclude all implied warranties and terms, whether statutory or otherwise, relating to the subject matter of this Agreement, subject to Australian consumer protection law.

11. INTELLECTUAL PROPERTY

11.1.Subject to clause 11.3, you recognise and acknowledge that the Service (including the Platform, all Content and other works or subject matter on the Website) is comprised of our Intellectual Property Rights and that of our licensors, service providers and content partners, and that we and they as the case may be retain ownership of all such Intellectual Property Rights.

11.2.You shall ensure that when using the Service that you do not do anything which could in any way harm our Intellectual Property Rights, our licensors, service providers, content partners and/or any other third parties.

11.3.We may permit you to upload or post content to your Account. You are solely responsible for all of your content residing on the Service. You shall be solely responsible for ensuring your content is not defamatory, obscene, offensive libellous, invasive, menacing, racially or otherwise objectionable or otherwise illegal. Where we have grounds for suspecting that Content violates the terms of this Agreement and our policies we will remove that Content from the Service. You represents and warrant on an on-going basis that you have the right and ability to provide us with your content uploaded to the Service during the course of this Agreement and that none of your content infringes any Intellectual Property Right of a third party and/or violates applicable laws and regulations. Where you post or upload content to us, you give us a non-exclusive, royalty free, irrevocable and perpetual licence to use, display, copy, adapt, sub-license, modify and communicate such content to the public and in connection with the Service.

12. TERMINATION AND SUSPENSION OF ACCOUNTS

12.1.We may terminate your Account or this Agreement at any time for convenience and without notice to you. Where we terminate for convenience you will be entitled to use the Service until the last day of your current month of subscription. Where we cancel your Account or this Agreement during your Free Trial, your access to the Service will end immediately.

12.2.Without in any way limiting any other remedies, we are entitled to suspend, limit, modify, terminate or delete Accounts where you are, or we suspect you are, not complying with this Agreement. We are not required to give you notice of such action and your access to the Service may stop immediately. No refunds will be provided to you in such instances.

12.3.Should we terminate or suspend your Account under clause 12.2 you agree to not create a new or replacement Account.

12.4.You acknowledge that should the Account be suspended or terminated that you will lose all information, associated with the Account, and that we are in no way liable for such loss of information.

12.5.You may terminate your Account and this Agreement at any time and, other than where we terminate your Account, you will be entitled to use the Service to the last day of your current month of subscription or Free Trial (as the case may be).

13. THIRD PARTIES

13.1.The Service may provide links to third party websites or apps, we accept no liability or responsibility for the availability or content of those third party websites or apps.

13.2.Your use of the Service may require third-party software that is subject to third-party licenses.

13.3.You agree that we are in no way liable or responsible for the actions, in-actions or activity of any other third party including any other subscriber of the Service.

14. LIABILITY

14.1.We shall not be liable to you under this Agreement, whether in contract or in tort (including negligence or breach of statutory duty) or otherwise, for any loss or damage including: (a) any loss of profit, loss of revenue, loss of contracts, loss of anticipated savings, loss of goodwill, loss of opportunity, loss of data, loss of reputation or loss of business, whether caused directly or indirectly; and (b) any special, indirect, punitive or consequential loss, cost, damages or expenses whatsoever, even (in each case) if any such loss or damage was reasonably foreseeable or you had been advised of the possibility of such loss, cost damage or expense. You agree that each of the heads of loss in sub-clauses (a) and (b) above (inclusive) are separate terms and are intended to be severable.

14.2.Notwithstanding anything contained in his Agreement, we do not exclude or limit our liability to you under Australian consumer law and nothing in this Agreement purports to modify or exclude any warranties, conditions, undertakings, guarantees or other rights under such law that cannot be modified or excluded.

14.3.You agree that we are in no way responsible for any loss, damage or corruption which may happen to your data or devices as a result of using the Service.

14.4.You agree to indemnify us (including our directors, officers, employees, contractors, partners and agents) in respect of any loss or damage we (including our directors, officers, employees, contractors and agents) suffer as a result of your breach of this Agreement.

15. CLASSIFICATION

Classification information concerning relevant Content will be provided where required by local law. It is your responsibility to review the classification of Content for the purposes of determining its suitability for viewing by other viewers of the Content, such as by minors.

16. MISCELLANEOUS

16.1.Entire Agreement: This Agreement constitutes the entire agreement between you and us and supersedes and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.

16.2.Variation: We reserve the right to at any time make amendments to this Agreement, which shall take effect from the date of posting them to the Platform, and/or the App and/or Website. If you continue to use the Service this shall constitute your agreeing to the changes to the terms of the Agreement. If you do not agree with the amended version of the Agreement you should stop using the Service immediately.

16.3.Notices: We may give you notice under this Agreement through posts on the Platform and/or the App and/or the Website or by email or by any other means that we think is suitable and sufficient, and you consent to such notice.

16.4.Severability: If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

16.5.Assignment: We may assign or transfer all or part of this Agreement or our rights or obligations to another party at our sole discretion, without requiring your consent. You are not permitted to assign or transfer the Agreement or your rights and obligations under this Agreement.

16.6.Force Majeure: We shall not be responsible for any delay or failure to perform when our failure results from an event beyond our reasonable control, including, but not limited to an act of God, the internet being down, flood, fire, pandemic, strikes, trade disputes or an act of terrorism or war.

16.7.Disputes: If you are involved in a dispute with another subscriber of the Service you release us (including our directors, officers, employees, contractors, partners and agents) from any claims, damages or demands of any kind (direct or indirect) that arise or are in any way related to such a dispute.

16.8.Waiver: No failure or delay by us to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16.9.Interpretation: Words denoting the singular include the plural and vice versa and words importing the masculine includes the feminine and the neuter. Headings are included for ease of reference only and shall not affect the meaning of the provisions to which they relate.

16.10.Governing Law: This Agreement and performance under the same shall be governed by the laws of the State of New South Wales and the parties hereby submit to the jurisdiction of the courts of New South Wales.

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