NZ FILM VOD - TERMS AND CONDITIONS

The following Terms and Conditions form the basis upon which you agree to use the NZ Film On Demand Service and purchase NZ Film Products. Please read these Terms and Conditions carefully. By using the NZ Film On Demand Service you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you have any concerns about material that is available through the operation of the NZ Film VOD Service please contact vod@nzfilm.co.nz.

Thank you for supporting New Zealand films.

1. LEGAL AGREEMENT

These Terms and Conditions represent a legally binding agreement between you and the New Zealand Film Commission (“Us” or “We”).

2. NZ FILM VOD SERVICES

The New Zealand Film Commission is the provider of the NZ Film On Demand Service, which permits you to purchase and stream NZ Film Products for your personal use in accordance with these Terms and Conditions. By creating a Member Account and/or making a purchase through the NZ Film On Demand Service you agree to be legally bound by these Terms and Conditions.

3. USE OF THE NZ FILM ON DEMAND SERVICE

Age: The NZ Film On Demand Service is available for individuals aged 18 years or older.

Territory: The NZ Film On Demand Service is available to you only in New Zealand, and some selected NZ Film Products are also available to you in Australia. You agree to not use or attempt to use the NZ Film On Demand Service from outside these territories. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside these territories.

Access: You are responsible for making all arrangements necessary for you to have access to the NZ Film On Demand Service including ensuring you employ technology capable of utilising the NZ Film On Demand Service and receiving digital information to be made available via the NZ Film On Demand Service. You are also responsible for ensuring that all persons who access the NZ Film On Demand Service through your internet connection are aware of these terms, and that they comply with them.

Your responsibility: You agree to meeting the requirements of use of the NZ Film On Demand Service as set out in these Terms and Conditions. We reserve the right to change these Terms and Conditions. If we do so, then prior to any subsequent purchase of any NZ Film Product, you will be asked to confirm your agreement to these Terms as a condition of your ongoing use of the NZ Film On Demand Service.

Devices: You may register up to five (5) devices to your Member Account. You can only watch one device streaming an NZ Film Product at a time. If there is more than one device streaming the first device will stop streaming.

4. TECHNOLOGY REQUIREMENTS

Requirements: Use of the NZ Film On Demand Service requires Compatible Devices, certain software and internet access. Use of the NZ Film On Demand Service may be affected by the performance of these factors and we may change these requirements from time to time. We will use reasonable endeavours to give you notice of any changes.

Compatible Devices and software: The NZ Film On Demand Service requires an internet enabled:

• PC/Mac (the latest version of a compatible browser); and/or • Mobile devices (using both iOS and Android)

You acknowledge that the NZ Film On Demand Service may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems. You are responsible for ensuring that you are able to access the NZ Film On Demand Service through a Compatible Device and have the appropriate version of your browser, appropriate software and operating systems. Some browser add ons such as ‘Ad Blocker’ can interfere with the streaming of the NZ Film Product and should be disabled. NZ Film On Demand will not work on older computers with analogue outputs such as VGA.

NZ Film On Demand Service Applications: The NZ Film On Demand Service may require you to install and use certain software applications. These applications may be required for certain NZ Film On Demand Service transactions or features and/or to stream or view NZ Film Products (including those previously purchased or acquired from the NZ Film On Demand Service). Those applications will be subject to terms and conditions of use, which you must accept prior to installation and are to be read in conjunction with these Terms and Conditions.

Broadband: High-speed internet access is strongly recommended. NZ Film On Demand will not function as intended (or at all) at dial-up speed.

5. PURCHASE AND PAYMENT

To purchase: NZ Film Products are provided through the NZ Film On Demand Service. To use the NZ Film On Demand Service you must:

• become a Member and purchase a NZ Film Product; and • agree to these Terms and Conditions.

Once you have become a Member, you may purchase NZ Film Products. The purchase price will be indicated to you before you confirm your purchase.

Credit Card Fraud: If you suspect there has been a fraudulent credit card transaction recorded in respect of the NZ Film On Demand Service you must contact Stripe directly to resolve your complaint. We will co-operate with Stripe and other third party service providers to provide reasonable assistance in resolving any complaint.

Payment method: You consent to, and agree to abide by, the terms and conditions of the NZ Film On Demand Service payment method delivered by Stripe. It is your responsibility to familiarise yourself the terms and conditions of the Stripe payment method.

No liability: We accept no liability for any losses you may incur as a result of any breach of Stripe terms and conditions either by yourself or by Stripe and if you have any complaints regarding the payment process you need to raise these with Stripe directly.

6. NZ FILM MEMBER ACCOUNTS

Membership: In order to use the NZ Film On Demand Service you must become a Member and hold a Member Account.

Member Accounts: Some important details about your Member Account

• Don’t reveal your account information to anyone else;

• You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account;

• You agree to immediately notify us of any security breach of your Member Account;

• We will not be responsible for any losses arising out of the unauthorized use of your Member Account;

• If you create a Member Account and/or use the NZ Film On Demand Service 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 and Conditions resulting from any activity you conduct that is not authorised.

• You will not access or attempt to access a Member Account that you are not authorized to access.

7. NZ FILM ON DEMAND SERVICE – PURCHASE TO RENT OR OWN

Process for purchase to rent and/or to own: NZ Film Products are available for purchase either to rent or to own. You can elect whether you wish to rent or own at the time of purchase. The NZ Film On Demand Service makes NZ Film Products available on the following basis:

• To Members, logged in as a Member;

• Upon successful payment for the NZ Film Product;

• To stream using a compatible web browser via the Website or on Compatible Devices using the applicable NZ Film On Demand Service iOS or Android application; and

• Subject to the speed of your internet connection.

You will need to view your purchased NZ Film Product via the Website or you will need to install the NZ Film On Demand Service iOS or Android application on that Compatible Device.

NZ Film Products are made available for your own personal, non-commercial use.

NZ Film Product purchased to rent:

• NZ Film Product purchased as a rental will only be accessible for you to initiate viewing for the period indicated (usually 7 days following purchase). Once viewing has been initiated, the Film Product will remain available to view for 48 hours

• You may watch your rented NZ Film Product on any other Compatible Device even after you have initiated viewing as long as it is within the 48 hour period;

• You may view the rented NZ Film Product in part or in whole, an unlimited number of times once viewing as been initiated.

• You must have an active internet connection to view the NZ Film Product.

NZ Film Product purchased to own:

• Purchased content will be available to view immediately after payment of the purchase fee, and will be available for viewing for an indefinite time period while the NZ Film On Demand Service is available, or for as long as you hold a Member Account.NZ Film Products purchased to own will be accessible for you to view using the Website or the applicable NZ Film On Demand Service iOS or Android application;

• You will be able to watch your purchased NZ Film Product as many times as you want;

• You may view the purchased NZ Film Product on any Compatible Device that has the applicable NZ Film On Demand Service iOS or Android application installed or via the Website.

Geo-blocking: The NZ Film On Demand Service is only available to you if you are located in New Zealand, and for some NZ Film Products if you are located in Australia. You acknowledge and agree that we may use anonymous proxy detection, geo-financial checking and other geo-checking tools to verify your location.

8. PRIVACY

Privacy policy: We take personal privacy very seriously. Your use of the NZ Film On Demand Service is subject to our Privacy Policy.

Accurate information: You agree to provide accurate and complete information when you become a Member, and as you use, the NZ Film On Demand Service and you agree to update such information to keep it accurate and complete.

9. SERVICE AND PRODUCT AVAILABILITY

Availability of NZ Film On Demand Service: We may modify, suspend, or discontinue the NZ Film On Demand Service at any time with or without notice.

Availability of NZ Film Product: We may change, suspend, remove, or disable access to any NZ Film Product at any time without notice.

No liability: We will not be liable for any unavailability of the NZ Film On Demand Service, or of any NZ Film Product, if you have breached any of these Terms and Conditions, and in all other cases our liability for any such unavailability will be limited to the current retail price on the NZ Film On Demand Service for any NZ Film Product you have:

• paid for as a rental, but which has not been made available to you, as set out in clause 7; or .

• paid to own but is, or becomes, unavailable due to the permanent unavailability of the NZ Film On Demand Service or the removal of the NZ Film Product from the Service within 3 months of your purchase.

NZ Films: You acknowledge that not all NZ Films listed on the NZ Film website are available for purchase nor will they become so in future.

10. RULES OF USE

Rules of Use: You shall use the NZ Film On Demand Service and NZ Film Products strictly in accordance with these Terms and Conditions.

Personal Use: You will be authorised to use NZ Film Products only for personal, non-commercial use. You may not make any NZ Film Product available for any commercial purpose, educational purpose or any other purpose not expressly authorised in these Terms and Conditions.

No tampering: You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the NZ Film On Demand Service for any reason, or to interfere with, remove or alter any digital rights management information on the NZ Film Products, or to attempt or assist another person to do so.

Harmful acts: You must not abuse or misuse the NZ Film On Demand Service by attempting to compromise the service through technologically harmful means or material.

Unlawful use: You will not use the NZ Film On Demand Service for any purpose which is unlawful, not authorised by, or otherwise conflicts with, these Terms and Conditions.

Right to monitor: Your use of the NZ Film On Demand Service may be controlled and monitored by us for compliance purposes at any time. ** 11. CONTRIBUTED MATERIAL**

Use of your material: Through your use of the NZ Film On Demand Service you may be invited or able to submit your own material to the Website, the NZ Film On Demand Service and/or otherwise for use by us in promotion of NZ Film Products. You agree that such material shall be your own, shall not violate the rights of others and shall not be indecent, obscene, objectionable or in poor taste. You grant us a worldwide royalty free licence to the use of such material for such purposes as we may deem fit.

12. THIRD PARTY MATERIAL

External links and material: Some information contained in the NZ Film On Demand Service may link you to sites that are not owned by or under the control of us. We assume no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the NZ Film On Demand Service.

13. OBJECTIONABLE MATERIAL

Ratings and offensive material: We use reasonable endeavours to ensure that the page on the Website showcasing any NZ Film Product for purchase contains applicable rating information for that NZ Film Product. You may personally consider some NZ Film Product to contain offensive, indecent or objectionable content and some NZ Films may also contain explicit material. Subject to applicable censorship laws the NZ Film On Demand Service provides NZ Film Product at your sole risk and we shall have no liability to you for material that you may consider to be offensive, indecent or objectionable.

Age restrictions: Some NZ Film Products may be sold on an age restricted basis. It may be unlawful for you to knowingly purchase some NZ films if you don’t meet the minimum age requirement. In purchasing NZ Film Products we rely on your agreement that you are old enough to legally purchase the film. If we have reasonable grounds to believe you are not old enough then we may cancel your Membership.

14. INTELLECTUAL PROPERTY

Copyright: The NZ Film On Demand Service and NZ Film Products contain information and material that is owned by us and/or our licensors and/or service providers, and is protected by applicable intellectual property and other laws, including those relating to copyright. We reserve for our self and such third parties all such rights in all jurisdictions throughout the World.

Copyright notices: You must not (and must not permit others to), authorise or assist any other person to remove or interfere with any copyright notices contained in any NZ Film Product.

Infringement: We take infringement of our copyright (or that of our licensors and service providers) seriously. You must:

• only use such information or materials owned by us and/or our licensors and/or service providers in the course of using the NZ Film On Demand Service in compliance with these Terms and Conditions and not for any other purpose; • not download, upload, copy, reproduce, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of, part or all of any NZ Film Product accessed via the NZ Film On Demand Service (other than as expressly permitted by these Terms and Conditions); • not copy, reproduce, modify or manipulate any part of the NZ Film On Demand Service nor rent, lease, loan, sell, distribute or create derivative works based on the NZ Film On Demand Service in any manner, and you shall not exploit the NZ Film On Demand Service in any unauthorized way.

We reserve all rights and remedies available to us to prevent any infringement of intellectual property we or our licensors or service providers own that is comprised in the NZ Film On Demand Services or NZ Film Products.

Other intellectual property: The New Zealand Film Commission, NZ Film, and other New Zealand Film Commission trademarks, service marks, graphics, and logos used in connection with the NZ Film On Demand Service are the intellectual property of the New Zealand Film Commission. Other trademarks, service marks, graphics, and logos used in connection with the NZ Film On Demand Service or with NZ Film Products may be the trademarks of their respective owners. You are granted no right or license with respect to any of these trademarks and any use of such trademarks.

15. TERMINATION

Termination without notice: We may:

• terminate the agreement created between you and us pursuant to these Terms and Conditions; and/or • suspend access to the NZ Film On Demand Service (or any part thereof) or any NZ Film Product at any time without notice.

Provided you are not in breach of these Terms and Conditions we will:

• reimburse you for any NZ Film Product you have successfully paid to rent but that has not been made available to you in accordance with clause 7 at the time of termination or suspension; or

• reimburse the current retail price on the NZ Film On Demand Service for any NZ Film Product you have successfully paid to own and is no longer available to you due to the termination or suspension of the NZ Film On Demand Service or NZ Film Product within 3 months of your purchase.

Restricted Access: We will not be liable for any reason if the NZ Film On Demand Service is unavailable at any time or for any period. From time to time, we may, without notice, restrict access to some parts of the NZ Film On Demand Service or to NZ Film Products.

Membership: We have the right to disable any Membership at any time, if we reasonably believe you have failed to comply with any of the provisions of these Terms and Conditions.

Your right to terminate: You may cease to use the NZ Film On Demand Service at any time. It is quick and easy to cancel your Member Account. Simply login to your Member Account and click on the “Account Settings” tab. Click the “Cancel my account” link then confirm the cancellation by clicking “OK”.

16. DISCLAIMER

Own risk: Your use of the NZ Film On Demand Service is at your own risk.

Availability: We do not guarantee, represent or warrant the uninterrupted or error-free use of the NZ Film On Demand Service and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond our reasonable control and/or our licensors’ and/or our service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection.

No warranties: The NZ Film On Demand Service and NZ Film Products are provided by us without warranties or guarantees of any kind, other than the statutory protection afforded to you under the Consumer Guarantees Act 1993 (in New Zealand) as set out below.

Consumer Protection: You may in certain circumstances be entitled to the protection of statutory guarantees under the Consumer Guarantees Act 1993 in respect of the provision of any goods and services by us relating to the NZ Film On Demand Service or any NZ Film Product. We respect the rights afforded by the Consumer Guarantees Act 1993 and any valid claims under this enactment will be handled by us in accordance with this enactment.

17. LIMITATION OF LIABILITY

Consumer Guarantees: Our liability shall be limited as set out in clauses 9 and 16 of these Terms and Conditions and otherwise to the amount of any liability that may arise under the Consumer Guarantees Act 1993 (for claims in New Zealand) and the Competition and Consumer Act 2010 (for claims in Australia) solely in respect of the failure to comply with any guarantee under those enactments relating to our supply of goods or services relating to the NZ Film On Demand Services or any NZ Film Product.

General Limitation: We expressly exclude any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with the NZ Film On Demand Service or in connection with the use, inability to use, or results of the use of the NZ Film On Demand Service.

18. WAIVER AND INDEMNITY

Indemnity: You agree to indemnify and hold us, our board members, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms and Conditions and your use of the NZ Film On Demand Service.

Action to recover amounts owing: We reserve the right to take any action we believe necessary to recover any sums you owe us. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by us including, but not limited to, legal fees, collection fees, arbitration costs and court costs.

19. CHANGES TO THESE TERMS AND CONDITIONS

Changes: We may, in our sole discretion, modify or revise these Terms and Conditions at any time by updating this web page. Your ongoing use of the NZ Film On Demand Service will be subject to your acceptance of any such modification or revision.

20. MISCELLANEOUS

Entire Agreement: These Terms and Conditions constitute the entire agreement between you and us regarding the subject matter of these Terms and Conditions.

Partial Invalidity: If any part of these Terms and Conditions are held invalid or unenforceable the remaining parts of these Terms and Conditions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provisions under these Terms and Conditions will not constitute a waiver of such provision or any other provision.

Force Majeure: We will not be responsible for failure to fulfil any obligation due to causes beyond our reasonable control.

Jurisdiction: These Terms and Conditions and your use of the NZ Film On Demand Service and NZ Film Products are governed by the laws of New Zealand. You expressly agree that exclusive jurisdiction for any claim or dispute with us relating in any way to your use of the NZ Film On Demand Service resides in the courts of New Zealand.

Notices: We may notify you with respect to the NZ Film On Demand Service by sending an email message to your Member email address or a letter via postal mail to your Member mailing address. Notices shall become effective immediately when issued by us.

21. DEFINITIONS USED IN THESE TERMS AND CONDITIONS

COMPATIBLE DEVICES means a device compatible with the NZ Film On Demand Service as listed in these Terms and Conditions; MEMBER means a person that has completed the requisite information and accepted membership of the NZ FILM ON DEMAND SERVICE and MEMBERSHIP has a corresponding meaning;

MEMBER ACCOUNT means an account held by a Member with us for the purposes of purchasing NZ Film Product through the NZ Film On Demand Service;

We or Us means the New Zealand Film Commission, a New Zealand Crown Entity formed under the New Zealand Film Commission Act 1978;

NZ FILM PRODUCT means any film or other product or content provided through the NZ Film On Demand Service;

NZ FILM ON DEMAND SERVICE means the video-on-demand service provided by us and/or by our third party service providers on behalf of us and includes but is not limited to any associated software applications necessary to provide that service.

PRIVACY POLICY means our privacy policy located here

WEBSITE means the NZ Film On Demand website at https://ondemand.nzfilm.co.nz