Definitions
The Company, we and us means the National Film and Sound Archive of Australia (NFSA).
Compatible Devices means a device compatible with the Platform as listed in these terms.
Account Holder means a person who is 18 years or older, is located in Australia where the Platform Content is authorised to be available, and has successfully registered an Account on the Platform.
Account means an account held by an Account Holder with the Company for the purposes of access, purchase and rental of Platform Content through the Platform.
Platform Content means a film, TV program or any other product or content provided by us for access, purchase and rental through the Platform.
Platform means the digital content service branded ‘NFSA Player’ provided by us (and/or by our third party service providers on our behalf) and includes all pages of and all information, material, text, graphics and facilities on the Platform.
Rental Content means Platform Content which has been rented by an Account Holder and is available for viewing for a specific time period.
Acceptance of Terms
These terms form the basis on which you agree to use the Company’s Platform to access, purchase or rent our films, TV Programs, and any other product or content.
These terms represent a legally binding agreement between you and the Company. By using the Platform (which includes accessing the Platform, creating an account, and/or accessing/purchasing/renting any Platform Content), you accept these terms and agree to abide by them.
If you have any questions about the Platform, please contact us by email at player@nfsa.gov.au.
We reserve the right to change these terms and such changes will take effect from the time that they are posted to the Platform. Use of or access to the Platform after the changes become effective will be taken as acceptance of the changes.
Use of the Platform
To use the Platform and purchase or rent Platform Content you must become an Account Holder for the NFSA Player Platform. To create an account, visit the NFSA Player homepage and click “Create Account” at the top of the page.
You agree not to use or attempt to use the Platform from outside the territory where the Platform Content is authorised to be available. We may use geofiltering / geoblocking technologies to verify your compliance and prevent access outside the applicable territory.
Your Account is unique to you and can only be shared with members of your household. You are responsible for ensuring that all persons who access the Platform through your Account are aware of these terms and that they comply with them.
The Platform permits you to purchase or rent our Platform Content for non-commercial viewing in accordance with these terms, and any other terms specified to apply to the Platform Content at the time of purchase or rental. Certain Accounts may be permitted to deliver alternative viewing arrangements, to be specified at the time of purchase or rental, or as expressly authorised in writing by the NFSA.
Creating an Account
You agree to provide accurate and complete information when you become an Account Holder and you agree to update such information to keep it accurate and complete.
You shall not access or attempt to access an Account that you are not authorised to access.
If you create an Account and/or use the Platform on someone else’s behalf, you warrant that you have that person’s authority to do so. You also accept all liability and the consequences for any breaches of these terms resulting from any unauthorised activity you conduct.
You are solely responsible for maintaining the confidentiality and security of your Account and for all charges and activities that occur on or through your Account. You agree to immediately notify the Company of any security breach of your Account.
The Company shall not be responsible for any losses arising out of the unauthorised use of your Account.
You can cancel your Account at any time.
If we have reasonable grounds to believe that you do not comply with these terms, we may cancel your Account.
Technology Requirements
You are responsible for making all arrangements necessary for you to access the Platform including ensuring you employ technology capable of utilising the Platform. Use of the Platform requires Compatible Devices, certain software and internet access. The Company is not responsible if your equipment or software is not compatible with the Platform or any Rental Content. Use of the Platform may be affected by the performance of these factors and these requirements are subject to change at any time. We will use reasonable endeavours to give you notice of any changes.
Compatible Devices and Software
The system requirements are detailed on the FAQs page. You acknowledge that the Platform may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems.
High-speed internet access is strongly recommended.
Fees & Refunds
Once you have successfully opened an Account you can access and rent Platform Content. The fees to rent Platform Content are specified on the Platform and will be indicated to you before you confirm payment. All fees shown are in Australian dollars and include GST where applicable. Fees are subject to change from time to time without notice.
Once you have submitted your order and confirmed payment for the rental of any Platform Content you will not be able to cancel your order.
All fees and rentals made on the Platform are non-refundable unless required under Australian Consumer Law.
Payment processing for renting Platform Content is handled by a third party payment processor, Stripe Payments Australia (Stripe). Once payment is successfully processed by Stripe, you will be able to view the Platform Content.
If you have any complaints regarding the payment process and/or you suspect there has been a fraudulent credit card transaction recorded in respect of the Platform you must contact the Company directly to resolve your complaint at player@nfsa.gov.au. The Company will co-operate with the third party payment processor to provide reasonable assistance in resolving any complaint.
You are solely responsible for paying all expenses you may incur when you access or use the NFSA Player Platform including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use the NFSA Player Platform.
The Company accepts no liability for any losses you may incur as a result of any breach of terms either by yourself or by our third party payment provider.
Renting Platform Content
Platform Content is available to Account Holders to rent via streaming from the Platform.
Platform Content is only available to be viewed within Australia. Exceptions may apply.
The Platform Content will be available to you to start viewing on Compatible Devices upon successful payment for the Platform Content, subject to the speed of your internet connection, as follows:
Rental Content will be available for you to view immediately from payment of the rental fee for the period of time specified on the Platform
You may stop, pause and rewind the Rental Content. Stopping, pausing, or restarting Rental Content does not extend the available time for viewing. You may discontinue your viewing and resume later provided you resume viewing within the viewing period
Rental Content may be viewed any number of times during the viewing period, unless otherwise specified at the time of purchase or rental.
Privacy
We respect your privacy. Your use of the Platform is subject to this agreement and, except to the extent of any conflict with these terms, to the NFSA Privacy Policy and NFSA Video On Demand Privacy Policy.
We use Shift72 to manage the Platform and to process and store the customer information (other than payment information) you provide when you become an Account Holder for the Platform. Your customer information will be handled in accordance with the NFSA Privacy Policy and NFSA Video On Demand Privacy Policy. Shift72 processes and stores all customer information securely in accordance with applicable laws to protect your privacy. You can read more about Shift72 here.
We use Stripe Payments Australia to process payments for Platform Content. The payment information you provide is transferred to the system using SSL (Secure Socket Layer) protocol which is the same mechanism used by high security sites such as online banking. Sensitive information is processed, stored and encrypted securely in accordance with relevant laws to protect your privacy. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1, the most stringent level of certification available in the payments industry. You acknowledge that Stripe may process and store your information in the US for the purpose of processing your payment and that the Company is not liable in respect of such matters. You can read more about Stripe here.
You can contact the NFSA Privacy Officer to discuss any privacy concerns or request access or other changes to your customer information, at privacy@nfsa.gov.au.
Classification
We aim to include classification information for all Platform Content.
Some Platform Content may be sold on an age restricted basis. It may be unlawful for you to knowingly rent some Platform Content if you do not meet the minimum age requirement. In renting or accessing Platform Content we rely on your representation that you are old enough to legally rent or access the particular Platform Content.
You may consider some Platform Content to contain offensive, indecent, or objectionable content and some Platform Content may also contain explicit material. Subject to applicable censorship laws, the Platform provides Platform Content at your sole risk. The Company shall have no liability to you for material that you may consider to be offensive, indecent, or objectionable.
Rules of Use
You shall use the Platform and the Platform Content in accordance with these terms.
You are authorised to use Platform Content for non-commercial viewing only. You will not make any Platform Content available for any commercial purpose or any other purpose not expressly authorised in this agreement, except by express written authority from the NFSA to the Account Holder.
You will not circumvent, disable or otherwise interfere with the security features relating to the Platform and the Platform Content or features that prevent or restrict use or copying of the Platform Content or enforce limits on use of the Platform Content.
You will not misuse the Platform by attempting to compromise the service by employing technologically harmful means or material. Your use of the Platform may be monitored and controlled by the Company or its service provider for compliance purposes at any time.
Platform Service and Availability
We may modify, suspend, or discontinue the Platform or any Platform Content at any time without notice. If you have paid for Platform Content but we have failed to make it available to you, then our liability for any such unavailability will be limited to the fee for that Platform Content.
We will not be liable for any unavailability of the Platform or of any Platform Content for any causes beyond our control or if you have breached any of this Agreement. You acknowledge that not all films and TV programs listed on the NFSA’s website are available for rental via the Platform.
Third Party Material
Some information contained in the Platform may link you to sites that are not owned or under the control of The Company. The Company assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the Platform.
Intellectual Property
The Platform and the Platform Content contain information, material, trademarks and logos that are owned by the Company, its licensors and/or service providers, and is protected by applicable intellectual property and other laws, including copyright law. We reserve all rights and remedies available in relation to breach of this Agreement or any infringement of our rights in the Platform or Platform Content.
We take infringement of our intellectual property rights (and that of our licensors and service providers) seriously. You will:
only use the Platform Content and related information and materials in the course of using the Platform in compliance with these terms
not download, upload, copy, reproduce, communicate to the public, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of any Platform Content or any part of it
not copy, reproduce, modify or manipulate any part of the Platform and/or Platform Content in any manner
not remove or interfere with any copyright notices contained in the Platform Content
not exploit the Platform or Platform Content in any unauthorised way whatsoever
Termination
You may cease to use the Platform at any time.
We may:
terminate your Account and the agreement between you and the Company if you breach these terms or otherwise pursuant to these terms; and/or
suspend access to the Platform (or any part thereof) or any Platform Content at any time without notice
Provided you are not in breach of these terms we will reimburse you for any Platform Content you have successfully paid for but has not been made available to you in accordance with these terms at the time of termination or suspension. We will not be liable if for any reason the Platform is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Platform or to Platform Content.
No Warranty/Limitation of Liability
Your use of the Platform is at your own risk. The Company does not guarantee, represent or warrant the uninterrupted or error-free use of the Platform. The Company will not be liable for any loss or damage (including indirect or consequential loss) arising in connection with your use of, or inability to use the Platform including from corruption, attack, viruses, interference, hacking, or other security intrusion.
To the extent permitted by law, the Platform and the Platform Content are provided by the Company without warranties or guarantees of any kind, other than the statutory protection afforded to you by applicable legislation in which case liability will be limited where it is reasonable to do so, at the option of the Company, to the reimbursement of the fee for the applicable Platform Content.
Waiver and Indemnity
You agree to indemnify and hold the Company, its directors, officers, employees, affiliates, agents, contractors, licensors and service providers harmless with respect to any claims arising out of your breach of these terms and your use of the Platform.
The Company reserves the right to take any action necessary to recover any sums you owe, including legal fees, collection fees, arbitration costs and court costs.
Miscellaneous
These terms constitute the entire agreement between the Company and you regarding the Platform. If any part of this agreement is held invalid or unenforceable the remaining terms shall remain in full force and effect.
Our failure to enforce any right or provisions under these terms will not constitute a waiver of such provision or any other provision.
We will not be responsible for a failure to fulfil any obligation due to causes beyond our control. We may notify you with respect to the Platform by sending an email message to your registered email address. Notices shall become effective immediately when issued by us.
Governing Law
This agreement and your use of the Platform and Platform Content are governed by the laws of the Australian Capital Territory (ACT), Australia. Any claim or dispute relating to your use of the Platform is subject to the exclusive jurisdiction of the courts of the ACT.
