- 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;
- “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.
- 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.
- 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.
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.
6.2.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.
7.2.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.
8.2.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.
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.
11.2.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.
12.2.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).
13.2.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.
14.2.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.
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.