The following Terms and Conditions form the basis upon which you agree to use the NZ Film VOD Service and purchase NZ Film Products.
Please read these Terms and Conditions carefully. By using the NZ Film VOD 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 [email protected].
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 (“NZ Film”, “Us” or “We”).
2. NZ FILM VOD SERVICES
NZ Film is the provider of the NZ Film VOD Service, which permits you to purchase and stream or download 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 VOD Service you agree to be legally bound by these Terms and Conditions.
3. USE OF THE NZ FILM VOD SERVICE
Age: This NZ Film VOD Service is available for individuals aged 18 years or older.
Territory: The NZ Film VOD Service is available to you only in New Zealand. You agree to not use or attempt to use the NZ Film VOD Service from outside this territory. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside this territory.
Access: You are responsible for making all arrangements necessary for you to have access to the NZ Film VOD Service including ensuring you employ technology capable of utilising the NZ Film VOD Service and receiving digital information to be made available via the NZ Film VOD Service. You are also responsible for ensuring that all persons who access the NZ Film VOD 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 VOD 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 VOD Service.
4. TECHNOLOGY REQUIREMENTS
Requirements: Use of the NZ Film VOD Service requires Compatible Devices, certain software and internet access. Use of the NZ Film VOD 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 VOD Service requires an internet enabled:
- PC*/Mac (using a compatible browser); and
- Mobile devices (using both iOS and Android*)
You acknowledge that the NZ Film VOD 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 VOD Service through a Compatible Device and appropriate software.
* NZ Film Products are currently only available for download to iOS devices (iPad, iPhone or iPod Touch).
NZ Film VOD Service Applications: The NZ Film VOD Service may require you to install and use certain software applications. These applications may be required for certain NZ Film VOD Service transactions or features and/or to stream, download or view NZ Film Products (including those previously purchased or acquired from the NZ Film VOD 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.
5. PURCHASE AND PAYMENT
To purchase: NZ Film Products are provided through the NZ Film VOD Service. To use the NZ Film VOD 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 Product. The purchase price will be indicated to you before you confirm your purchase.
DPS Payment System: DPS manages and processes payment methods for purchase of NZ Film Products. When purchasing NZ Film Product you will need to enter your credit card details into the DPS payment system before you are able to purchase the NZ Film Product. All payments via DPS are processed using SSL (Secure Socket Layer) protocol, where sensitive information is encrypted to protect your privacy.
Credit Card Fraud: If you suspect there has been a fraudulent credit card transaction recorded in respect of the NZ Film VOD Service you must contact DPS directly to resolve your complaint. NZ Film will co-operate with DPS and other NZ Film 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 VOD Service payment method delivered by DPS. It is your responsibility to familiarise yourself the terms and conditions of the DPS payment method.
No liability: NZ Film accepts no liability for any losses you may incur as a result of any breach of DPS terms and conditions either by yourself or by DPS and if you have any complaints regarding the payment process you need to raise these with DPS directly.
6. NZ FILM MEMBER ACCOUNTS
Membership: In order to use the NZ Film VOD 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 NZ Film of any security breach of your Member Account;
- NZ Film shall 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 VOD 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.
Access to Member Accounts: You will not access or attempt to access a Member Account that you are not authorized to access.
7. NZ FILM VOD 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 VOD 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 download, on Compatible Devices using the applicable NZ Film VOD Service iOS application;
- To stream, using a compatible web browser; and
- Subject to the speed of your internet connection.
You will need to install the NZ Film VOD Service iOS application on that Compatible Device before you can download and view your purchased NZ Film Product. You do not need to have the NZ Film VOD Service iOS application to be able to stream purchased NZ Film Product.
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);
- You may watch your rented NZ Film Product on any other Compatible Device even after you have initiated viewing;
- You may view the rented NZ Film Product in part or in whole, an unlimited number of times during the rental period.
NZ Film Product purchased to own:
- NZ Film Products purchased as a download will be accessible to download or stream indefinitely;
- NZ Film Products purchased to own will be accessible for you to view using the applicable NZ Film VOD Service iOS application at any time once the download is complete;
- You will be able to watch your downloaded NZ Film Product as many times as you want;
- You may download the purchased NZ Film Product on any Compatible Device that has the applicable NZ Film VOD Service iOS application installed. NZ Film Products are made available for your own personal, non-commercial use.
Geo-blocking: The NZ Film VOD Service is only available to you if you are located in New Zealand.
Accurate information: You agree to provide accurate and complete information when you become a Member, and as you use, the NZ Film VOD Service and you agree to update such information to keep it accurate and complete.
9. SERVICE AND PRODUCT AVAILABILITY
Availability of NZ Film VOD Service: We may modify, suspend, or discontinue the NZ Film VOD 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 (excluding NZ Film Product you have already purchased and downloaded) at any time without notice.
No liability: We will not be liable for any unavailability of the NZ Film VOD 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 purchase price for any NZ Film Product you have paid for, but which has not been made available to you, as set out in clause 7.
NZ Films: You acknowledge that not all NZ Films listed on the NZ Film website (www.nzfilm.co.nz) are available for purchase nor will they become so in future.
10. RULES OF USE
Rules of Use: You shall use the NZ Film VOD 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 VOD 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 VOD Service by attempting to compromise the service through technologically harmful means or material.
Unlawful use: You will not use the NZ Film VOD 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 VOD Service may be controlled and monitored by NZ Film for compliance purposes at any time.
11. CONTRIBUTED MATERIAL
Use of your material: Through your use of the NZ Film VOD Service you may be invited or able to submit your own material to the NZ Film website, the NZ Film VOD Service and/or otherwise for use by NZ Film 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 NZ Film a worldwide royalty free licence to the use of such material for such purposes as NZ Film may deem fit.
12. THIRD PARTY MATERIAL
External links and material: Some information contained in the NZ Film VOD Service may link you to sites that are not owned by or under the control of NZ Film. NZ Film assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the NZ Film VOD Service.
13. OBJECTIONABLE MATERIAL
Ratings and offensive material: We use reasonable endeavours to ensure that the page on the NZ Film 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 NZFC VOD Service provides NZ Film Product at your sole risk and the NZFC 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 VOD Service and NZ Film Products contain information and material that is owned by NZ Film and/or its licensors and/or service providers, and is protected by applicable intellectual property and other laws, including those relating to copyright. NZ Film reserves for itself 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 NZ Film and/or its licensors and/or service providers in the course of using the NZ Film VOD 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 VOD Service (other than as expressly permitted by these Terms and Conditions);
- not copy, reproduce, modify or manipulate any part of the NZ Film VOD Service nor rent, lease, loan, sell, distribute or create derivative works based on the NZ Film VOD Service in any manner, and you shall not exploit the NZ Film VOD 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 VOD 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 VOD Service are the intellectual property of NZ Film. Other trademarks, service marks, graphics, and logos used in connection with the NZ Film VOD 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.
Termination without notice: We may:
- terminate the agreement created between you and NZ Film pursuant to these Terms and Conditions; and/or
- suspend access to the NZ Film VOD Service (or any part thereof) or any NZ Film Product (excluding NZ Film Product you have already purchased and downloaded);
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 for but that has not made available to you in accordance with clause 7at the time of termination or suspension.
Restricted Access: We will not be liable for any reason if the NZ Film VOD Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the NZ Film VOD 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 VOD 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”.
Own risk: Your use of the NZ Film VOD Service is at your own risk.
Availability: NZ Film does not guarantee, represent or warrant the uninterrupted or error-free use of the NZ Film VOD 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 NZ Film and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection.
No warranties: The NZ Film VOD Service and NZ Film Products are provided by NZ Film 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 NZ Film relating to the NZ Film VOD Services or any NZ Film Product. NZ Film respects the rights afforded by the Consumer Guarantees Act 1993 and any valid claims under this enactment will be handled by NZ Film in accordance with this enactment.
17. LIMITATION OF LIABILITY
Consumer Guarantees: NZ Film’s liability shall be limited as set out in clauses 9and 15of 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 NZ Film’s supply of goods or services relating to the NZ Film VOD Services or any NZ Film Product.
General Limitation: NZ Film expressly excludes any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with the NZ Film VOD Service or in connection with the use, inability to use, or results of the use of the NZFC VOD Service.
18. WAIVER AND INDEMNITY
Indemnity: You agree to indemnify and hold NZ Film, its 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 VOD 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: NZ Film may, in its sole discretion, modify or revise these Terms and Conditions at any time by updating this web page. Your ongoing use of the NZ Film VOD Service will be subject to your acceptance of any such modification or revision.
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and NZ Film 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 fulfill any obligation due to causes beyond our reasonable control.
Jurisdiction: These Terms and Conditions and your use of the NZ Film VOD 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 NZ Film relating in any way to your use of the NZ Film VOD Service resides in the courts of New Zealand.
Notices: We may notify you with respect to the NZ Film VOD 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 VOD 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 VOD SERVICE and MEMBERSHIP has a corresponding meaning;
MEMBER ACCOUNT means an account held by a Member with NZ Film for the purposes of purchasing NZ Film Product through the NZ Film VOD Service;
NZ FILM 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 VOD Service;
NZ FILM VOD SERVICE means the video-on-demand service provided by NZ Film and/or by its third party service providers on behalf of NZ Film and includes but is not limited to any associated software applications necessary to provide that service.