EnhanceTV Pty Ltd (ABN: 72 119 702 251) (EnhanceTV) owns and operates the EnhanceTV Platform and provides the Services through the website at www.enhancetv.com.au and any other website that Enhance TV operates (Websites).
These terms and conditions (Terms) set out the terms on which a User may access and use the Services provided by EnhanceTV. The Terms, accompanied by a completed Form, constitute the entire agreement between EnhanceTV and each applicable Subscriber (Agreement).
This Agreement will commence on the date a Subscriber submits a valid and complete Form with EnhanceTV subscribing to the Services, and includes any trial periods EnhanceTV grants to an Institution for a period of time at the discretion of EnhanceTV. The Agreement will continue until:
EnhanceTV may amend this Agreement or these Terms, or impose new terms (including adding fees and charges for the Services) from time to time. Any changes will be effective immediately upon EnhanceTV giving 30 days’ notice, which may be by any means, including notification via the EnhanceTV Platform, on the Websites or by email. The User understands and agrees that if the User accesses and uses the Services after the date on which the Agreement or Terms have changed, EnhanceTV will treat their use as acceptance of the changed Agreement or Terms as amended.
EnhanceTV may update, add to, make changes to, or remove certain Services, its internal processes, the interface of the Services or features and functionalities of the Services, including subscription levels, from time to time as it considers appropriate. To the extent practicable, EnhanceTV will give the User 30 days’ notice in writing (which may be by e-mail) of any such changes that are material to the User’s use of the Services.
To be eligible to access and use the Services, the User must be a person authorised by an Institution.
Each User is responsible for providing their own internal facilities (including if applicable terminal, server, software, SQL database licences, modem and telecommunications facilities or services) necessary for accessing the Services. EnhanceTV accepts no responsibility for any deficiency in the User’s internal access facilities or services provided.
The User agrees to unconditionally indemnify EnhanceTV and its affiliates, employees, agents, representatives and third party service providers against any claims, liabilities, loss or liabilities of any nature arising out of or in connection with the User’s breach of the Agreement, the User’s non-compliance with laws and regulations, or the User’s access to and use of the Services.
Each party must keep the other party’s Confidential Information (including the terms of the Agreement) confidential, and neither party will disclose or allow any written or electronically recorded Confidential Information to be copied other than for the purposes of the Agreement, as the other party expressly agrees or as required by law.
In the Agreement, unless the context otherwise requires:
|Act||means the Copyright Act 1968 (Cth) as amended from time to time.|
|Broadcast||has the meaning ascribed to it in the Act.|
|Confidential Information||means all trade secrets, ideas, know-how, concepts, methods of working, management, operations, procedures, financial and business information whether in writing or otherwise relating to the parties, but does not include information that is in the public domain for reasons other than unauthorised disclosure.|
|Educator||means an individual of an Institution who has subscribed to the Services on behalf of an Institution for an individual subscription to the Services.|
|EnhanceTV Material||means information, data, reports, and material used in providing or incorporated into the Services including all software, tools, know-how, methodologies, equipment or processes, trade marks, logos, designs, the Material and other materials.|
|EnhanceTV Platform||means the EnhanceTV web based streaming application and service.|
|External Content||means information and advertising from third parties and links to third party websites.|
|Form||means the online application or registration pages or other EnhanceTV application or registration forms or agreement a Subscriber completes in subscribing to the Services, together with the information provided in them, and also includes any EnhanceTV form submitted by a Subscriber requesting Services from EnhanceTV and any variation to the Form agreed by EnhanceTV.|
|Insolvency||means being at risk of being unable to pay the debts as they become due, and includes any form of bankruptcy or administration.|
means an Institution as that term is defined in Part VA of the Act that:
|Intellectual Property||means all intellectual property throughout the world, including copyright (including under the Copyright Act 1968 (Cth)), patents, inventions, designs, trademarks, domain names, trade secrets, know-how, and all other intellectual property as defined in Article 2 of the convention establishing the World Intellectual Property Organisation 1967 (whether registered or unregistered), and any application or right to apply for registration of any of those intellectual property.|
|Material||means the audio-visual content supplied through the EnhanceTV Platform.|
|month||means a calendar month.|
|Services||means providing access to the archive or broadcast educational video content supplied to users under Part VA of the Act and includes Third Party Content, and related services through the EnhanceTV Platform or other Websites, provided by EnhanceTV for use by each Subscriber and User.|
|Screenrights||means the Audio-Visual Copyright Society Limited, trading as Screenrights (ABN 76 003 912 310).|
|Screenrights Licence||means a licence to copy and communicate television Broadcasts for the educational purposes of an Institution subject to payment of equitable remuneration pursuant to an agreement with Screenrights.|
|Subscriber||means the Institution or Educator entering into the Agreement.|
|Subscription Fee||means where a Subscriber subscribes to the paid subscription, either for 90 days or annually, as the case may be, the fee (including any taxes and duties) payable by the Subscriber in advance to EnhanceTV for the Subscriber’s access to and use of the Services.|
|Third Party Content||means material previously uploaded by Users of the EnhanceTV Platform, previously known as EnhanceTV Direct, that became available as part of the EnhanceTV Platform, such as lesson notes and work sheets created by Users, and study guides.|
|User||means a Subscriber accessing and using the Services and includes an Educator, administrator, teacher, staff member, employee, agent, representative, student (subject to clause 3.1), or any person authorised by an Institution to access and use the Services as part of that Institution’s subscription to the Services.|