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Terms & Conditions
 
Terms of supply and website use - ENHANCE TV PTY LTD (ACN 119 702 251)

1. Terms of supply
 
1.1. Application
 

These terms of supply form the basis of the agreement between Enhance TV Pty Ltd and the buyer of Products from this website unless otherwise agreed in writing by Enhance TV Pty Ltd.

  • Institution means an Institution as that term is defined in Part VA of the Copyright Act 1968 that is licensed by Screenrights;
  • Screenrights means Audio-visual Copyright Society Limited ACN 003 912 310 trading as Screenrights;
  • Third Party Products means material, other than the Screenrights Products, that is available on this website.
  • Products means Screenrights Products or Third Party Products;
  • Screenrights Products means material for sale on this website which contains broadcast radio or television content supplied under Part VA of the Copyright Act 1968; and
  • Third Party Products means material other than the Screenrights Products, that is available on this website.
 
1.2. Eligibility
 

To be eligible to purchase Screenrights Products the buyer must be an Institution or a person authorised by an Institution. The buyer must also be a premium member of Enhance TV. Please see the membership login page for details regarding Enhance TV membership . Enhance TV Pty Ltd reserves the right to verify a buyer’s details and eligibility before accepting any order.

If you are unsure as to whether your institution has a Screenrights licence please contact enquiry@screenrights.org or telephone Screenrights on 02 9904 0133.

All Third Party Products available on this website are free of charge, however the buyer must be a member (either standard or premium) of Enhance TV to order and access and download Third Party Products.

 
1.3.Orders
 

Orders for Products can be made on line through this website.

Enhance TV Pty Ltd is not obliged to fulfil any order unless the order is accepted by Enhance TV Pty Ltd. From time to time Products may be unavailable for purchase due to technical difficulties or changes in broadcast schedules.

By placing an order, the buyer agrees that Enhance TV Pty Ltd may store, process and use data collected through the ordering process for the purposes of processing the buyer’s order and to inform the buyer of upcoming events, television programs, other sites or publications which may be of interest to the buyer. If a buyer does not wish to receive such communications, this should be indicated on the buyer’s member profile. A buyer can choose to discontinue receiving such communications by emailing email@enhancetv.com.au. All information collected from buyers is stored and used in accordance with Enhance TV Pty Ltd’s privacy policy.

 
1.4. Price and payment
 

Orders made through this website must be accompanied by a credit card payment, valid gift voucher number or a valid Institution purchase order number. Payments for an order made by purchase order must be made in full by credit card, cheque or money order within 30 days after the date of invoice. Unless otherwise indicated, prices stated on this website do not include GST. If GST is payable for a sale of a Screenrights Product, the buyer must pay the GST subject to Enhance TV Pty Ltd providing a tax invoice.

 
1.5. Delivery
 

Enhance TV Pty Ltd will not accept returned Screenrights Products unless their return has been pre-approved in writing by Enhance TV Pty Ltd. The buyer must pay all shipping, freight and handling charges and Enhance TV Pty Ltd's handling charges on Screenrights Products accepted for return.

Any cancellation of orders by the buyer must be received by close of business on the day the order is made otherwise the buyer will be liable for full payment in respect of that order.

Screenrights Products will only be supplied within Australia. Subject to the copyright licence between Enhance TV Pty Ltd and the various copyright owners of Third Party Products, some Third Party Products may be supplied outside Australia. Enhance TV Pty Ltd will endeavour to despatch Screenrights Products by post within 7 days after acceptance of the order by Enhance TV Pty Ltd.

Some Screenrights Products are available in video download format (Downloads). Please refer to the Enhance TV online store for availability of Downloads and to the Help page for further details regarding use and purchase of Downloads. A buyer must log in and update its member profile to purchase Downloads. On receipt of payment by Enhance TV Pty Ltd, where the Screenrights Product is a Download, the buyer will receive an email providing details of the URL from which to download the file. This file must be downloaded within 48 hours of purchase as the URL will cease to be valid after this time. Unless there has been an error or omission on the part of Enhance TV Pty Ltd, Enhance TV Pty Ltd is not obliged to provide buyers with a refund for Downloads not downloaded within the specified period. To the extent permitted under the Trade Practices Act 1974, Downloads are not subject to the returns policy referred to above.

Orders are inclusive of standard postage. Enhance TV Pty Ltd is not liable for an error in shipment unless notified in writing to Enhance TV Pty Ltd within 7 days after receipt of the Products by the buyer. If Products are not received, please email customer enquiries.

 
1.6. Title and risk
 
Until the price of Screenrights Products is paid in full, title in those Products is retained by Enhance TV Pty Ltd. Risk in Products passes to the buyer at the time of their despatch by Enhance TV Pty Ltd. Title and risk in Downloads passes on receipt of payment in full and transmission of the Download by EnhanceTV Pty Ltd to the address notified by the buyer.
 
1.7. Copyright
 

Screenrights Products  are supplied subject to the following conditions:

  1. they are used by the Institution only:
    1. for the educational purposes of the Institution; or
    2. in the provision by the Institution of assistance to persons with an intellectual disability; and
  2. they will not be sold or otherwise supplied for a financial or other commercial profit or gain.

In addition, Screenrights Products may only be used in accordance with the terms of the buyer’s licence with Screenrights. For further details regarding a Screenrights licence, please contact enquiry@screenrights.org or telephone 02 9904 0133.
Third Party Products are supplied subject to any copyright notices on the Third Party Products.

 
1.8. Warranties
 

The buyer of Screenrights Products warrants that:

  1. it purchases Screenrights Products  on behalf of an Institution; and
  2. it has supplied a valid mailing address of the Institution as the shipping address.

Enhance TV Pty Ltd makes no warranties in relation to the Products, except warranties which cannot be specifically excluded under the Trade Practices Act 1974 and all other warranties, whether express or implied under statute including the various states and territories’ Sale of Goods Acts, are excluded.

 
1.9. Liability
 

To the extent that warranties under the Trade Practices Act 1974 apply to the Products, Enhance TV Pty Ltd’s liability for a breach of any implied warranty is, to the extent permitted by law, limited to, at its option either supplying the Products again or pay the cost of having the Products supplied again.

Enhance TV Pty Ltd’s liability for any cause, including negligence, in respect of the supply of Products (including in relation to any damage caused to hardware or other property by Downloads) is limited to the payments made by the buyer to Enhance TV Pty Ltd for them.

In no event will Enhance TV Pty Ltd be liable (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit (whether consequential, special, incidental or indirect) that may arise under these terms of supply.

 
1.10. Termination of membership
 

A member of EnhanceTV may, by notice in writing to EnhanceTV Pty Ltd at email@enhancetv.com.au terminate their EnhanceTV membership.

If a member breaches any of these terms of supply or any other terms contained on this website, EnhanceTV may, by notice in writing to the member, immediately terminate the member’s membership.
 
1.11. General
 

These terms of supply are governed by and must be construed in accordance with the laws of New South Wales, Australia. Each buyer unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

 
2 . Terms of website use
 
2.1. Terms of use
 

Use of this website is subject to these terms and any additional terms which appear on this website.

 
2.2. Accuracy
 

The material contained on this website is supplied by third parties may contain material which is inaccurate or otherwise incorrect. Enhance TV Pty Ltd ACN 119 702 251 does not make any representations or warranties regarding its accuracy, satisfactory quality, fitness for any particular purpose or non infringement of third parties’ rights.

Enhance TV Pty Ltd is not liable for any damages, losses, costs or expenses resulting from any use or misuse of the information contained on this website.

 
2.3. Intellectual property
 

Enhance TV Pty Ltd owns or has licensed all copyright and other intellectual property in the content and design of this website.

Any person may make a temporary copy of all or part of this website for the sole purpose of viewing it and print a copy for personal use.

A person must not otherwise reproduce, adapt, store, transmit, print, display, publish or create derivative works from any part of the content or design of this website except with Enhance TV Pty Ltd’s prior written consent or as permitted by applicable copyright legislation.

 
2.4. Links
 

This website may contain links to third party websites. Enhance TV Pty Ltd is not responsible for the condition or content of those websites. The links are provided solely for convenience and do not indicate, expressly or impliedly, any endorsement of the websites or the products or services provided in them.

 
2.5. Collection and use of information

Enhance TV Pty Ltd may make a record of visits and log visits for statistical and business purposes. Such information may include a person’s server address, domain name, IP address, the date and time of visit, pages accessed, documents downloaded, previous website visited and the type of browser used.

If Enhance TV Pty Ltd requires a person to complete an electronic form on this website and in doing so it requires personal information to be entered, Enhance TV Pty Ltd will collect that information to allow it to respond. Enhance TV Pty Ltd will only use this information in accordance with its privacy policy

This website may use “cookie” technology to assist in identifying registered users and delivering contents specific to users’ interests. Cookies are pieces of information stored on an individual’s computer and are used for customising website information to improve user experience and for tracking user navigation. If a user does not wish information to be gathered on a cookie it should disable the acceptance of cookies by its web browser. The user’s internet service provider may be able to assist with this.

 
2.6. Security
 

Enhance TV Pty Ltd makes no warranty in respect of the security measures on this website and is not responsible for any misuse, loss or unauthorised access, modification or disclosure of information provided to Enhance TV Pty Ltd.

 
2.7. General
 

The agreement between Enhance TV Pty Ltd and users of this website is governed by and must be construed in accordance with the laws of New South Wales, Australia. Each user unconditionally submits to the non exclusive jurisdiction of the courts of New South Wales, Australia.

Enhance TV Pty Ltd may amend these terms by substituting amended terms on this website. Continued use of this website following those amendments constitutes acceptance of those amendments.
 
 
 
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