Important Notice:
The following terms and conditions (including links and policies) (“these Terms and Conditions”) apply to all visitors and/or registered users who access to the video on demand services provided on, from or through the website https://www.carolsinthedomain.... (“the Website”). These services include providing access to video and/or other content via the Internet (hereinafter referred to as the “the Christmas Network Service”, and the Service includes all associated websites, interfaces, features, functions and content).
The Christmas Network Service is provided to you by Active TV Pty Ltd.
Under these Terms and Conditions, “we", “our” and "us" mean Active TV Pty Ltd and/or its affiliates in relation to the provision of the Christmas Network Service.
By accessing and/or using the Website and the Christmas Network Service, you agree to be bound by these Terms and Conditions. Please read these Terms and Conditions as they contain important information about the Christmas Network Service provided to you and any charges, and fees we charge you.
1. The Christmas Network Service
1.1 The Christmas Network Service is a restricted SVOD service accessible outside of Australia, where a subscriber is entitled to watch and access one show only namely “Carols in the Domain 2022 – the International Edition” (“Show”).
1.2 The Christmas Network Service can only be accessed on computers, television set, tablet devices and/or mobile devices connected to the Internet with specific operating systems and/or browsers.
1.2 The Christmas Network Service is restricted for use and access only to viewers outside of Australia and in the territory where you subscribe for the Christmas Network Service.
1.3 Using the Christmas Network Service through a mobile network may result in mobile data charges by your local mobile service provider. Please contact your mobile data service provider for more information.
2. Billing
2.1 The Christmas Network Service is a one time subscription for the Show.
2.2 You will be charged once for USD1.95 (“Subscription Fee”) per subscription/based on one registered email address, which entitled you to watch the Show on demand at any time for unlimited times from 23 December 2022 to 31 December 2022 only (“Duration”).
2.3 In addition to the Subscription Fee, you will be charged a standard credit/debit card charge, which will be imposed by your credit/debit card service provider. Please check with your own service provider for the charges incurred, as we will not be responsible for such charges.
2.4 The Subscription Fee once paid is non refundable, non cancellable and non transferable.
3. Our Rights and Responsibilities
We may:
(a) deactivate the Christmas Network Service at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
(b) limit or suspend your access to the Christmas Network Service without notice, where we are of the opinion that such action is appropriate as a result of your use of the Christmas Network Service or in the event that you breach any of these Terms and Conditions;
(c) expand, reduce, withdraw and/or modify any part of the Christmas Network Service and/or any Content (meaning any content made available or appearing in the Christmas Network Service including but not limited to any data, information, images, graphics, video and/or audio content, applications, subtitles, downloadable files or other multimedia content that can be accessed through or on the Christmas Network Service), remove, disable and/or suspend transmission or streaming of the Christmas Network Service or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable; and
(d) change our plans and the subscription fee of the Christmas Network Service from time to time.
4. Your Responsibilities
4.1 You:
(a) have to be aged 18 or above to access or use the Christmas Network Service and/or Content;
(b) are only authorised to use the Christmas Network Service and view the Content for your own personal and non-commercial use in accordance with these Terms and Conditions;
(c) will be strictly and solely responsible for your own use of the Christmas Network Service and the Content and any use of the Christmas Network Service by any party who uses your login details will be treated by us as use by you;
(d) must not, and must not permit any other person, to sell, reproduce, copy, distribute, publish, modify, and/or prepare derivative works based on the Content and/or the Christmas Network Service.
(e) You must not, and must not permit any other person, to download the Show/any part of the Show or record the entire Show/any part of the Show whatsoever and howsoever whether using any devices;
(f) agree that the Christmas Network Service and Content are only for your private viewing and access and shall not yourself, or permit any other person to, show, play, use, access or view the Christmas Network Service and/or Content for any public or commercial purposes unless with our prior written consent;
(g) without limiting sub-clause 4.1(e), shall not charge for use or access to the Christmas Network Service or any Content or for access to any premises where the Christmas Network Service or Content are viewed;
(h) will abide by all relevant applicable laws and any operating and/or usage rules, as amended from time to time;
(i) as a registered user, in order to apply and/or use the Christmas Network Service, must provide a valid login email address and password;
(j) will maintain and promptly update any personal data submitted to us and keep it true, accurate, current and complete;
(k) will not provide any information that is untrue, inaccurate, not current or incomplete; if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or restrict your access to the Christmas Network Service and/or Content; and refuse any and all current or future use of the Christmas Network Service and/or Content;
(l) will report any violation of these Terms and Conditions to our customer service team via the Website; and
(m) as a registered user, shall safeguard your login details and password(s) and ensure that they are not disclosed or provided to any other person.
4.2 You agree not to:
(a) restrict or inhibit any other persons from using the Christmas Network Service, including, without limitation, by means of "hacking" or defacing any portion of the Christmas Network Service and/or the Website;
(b) access or use the Christmas Network Service, the Website, the Content or the Software (as defined below) for any unlawful purpose or any purpose not expressly authorised by these Terms and Conditions;
(c) modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, any of the Software and/or any Content;
(d) remove any copyright, trade mark, or other proprietary rights notices contained in the Christmas Network Service and/or the Content;
(e) copy and/or frame any part of the Christmas Network Service or the Content without our prior written authorisation;
(f) use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Christmas Network Service and/or the Content;
(g) collect any personal data of any users of the Christmas Network service;
(h) hack, break into, or attempt to hack or break into, in any manner the Christmas Network Service, the Software, the Website, and/or any data areas on our server(s) or that of any third parties;
(i) download, copy, store, rip, distribute, share or re-direct any Content from the Christmas Network Service in any way or through any media;
(j) disclose your login details and password or permit other persons to use your login details and password to access the Christmas Network Service and/or any Content;
(k) incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
(l) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Christmas Network Service;
(m) issue, create or sponsor any financial instruments or investment products where the price, return and/or performance of such instrument or product is based on or related to any financial index or information in the Content; and
(n) interfere with or disrupt the Christmas Network Service or servers or networks connected to the Christmas Network Service.
4.3 Our authorisation for you to access and receive the Christmas Network Service and the Content is conditional upon your strict compliance with each of these Terms and Conditions.
5. Personal Data and Information
5.1 We collect, process, disclose, retain or use your Personal Data in accordance with the our Privacy Policy Statement which is published on www.thechristmasnetwork.com/pr... policy
5.2 If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may not be able to provide you with the Christmas Network Service and/or any Content.
5.3 If you register for the Christmas Network Service through your Facebook account, your name, username, gender, age, networks, language and region under your public profile of your Facebook account will also be collected and used by us in accordance with these Terms and Conditions, and such use includes, amongst others, providing the Christmas Network Service, setting your customized contents and sending promotional information regarding Christmas Network or our other media entertainment services.
5.4 If you register for the Christmas Network Service with your email address, we may also use this email address to send promotional information regarding our Christmas Network Service or our other media entertainment services, unless you have otherwise indicated during your registration. If you have initially consented to receiving our emails containing promotional information, but no longer wish to receive such emails, you may also submit an unsubscribe request using the unsubscribe facility (which includes, but is not limited to, an email address) provided at the end of our emails containing such promotional information.
5.5 You will provide us with the information relating to you or your use of the Christmas Network Service as we reasonably require:
(a) to help us in complying with applicable laws and to report to any government or regulatory agency regarding such compliance; and
(b) to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under these Terms and Conditions.
5.6 In the event that you are required to provide your personal data to one of our authorised third party service providers, including but not limited third party payment gateways, you are advised to refer to the respective data protection policies of the respective third party service providers. In this regard, we shall not be responsible for the information you share with such third parties and will not be held liable for any damages, loss and/or expenses that you may face by doing so.
6. Acknowledgments
6.1 You acknowledge that:
(a) we do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content;
(b) certain programs and other Content on the Christmas Network Service are provided by third party providers, not by us and therefore the availability of Content and programs are outside our control;
(c) we make no representation, promise, warranty, undertaking or guarantee as to the quality, resolution, completeness, accuracy, usefulness, continuity, smoothness or timeliness of any particular Content;
(d) we can vary, replace or withdraw any channels and programs (whether advertised or not) on the Christmas Network Service;
(e) we can change or reduce the number of hours of broadcast of any channel or any program on the Christmas Network Service;
(f) the Content solely expresses the view of the speaker of the Content, and not our views or any entity associated with us;
(g) we disclaim all liability for any of the Content carried on the Christmas Network Service;
(h) your use of third party web pages linked to the Christmas Network Service may be governed by additional or different terms and conditions. Where this is the case, those additional terms and conditions will apply to your use of such web page or website in addition to these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency;
(i) nothing you do on or in relation to the Christmas Network Service and/or the Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;
(j) there may be some Content which is not suitable for viewing by minors. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content and for generally ensuring that minors do not access such Content using your login details and password;
(k) parts of the Christmas Network Service and the Content may be provided or maintained by third party providers and not by us; in such cases, your correspondence or dealings with any third party provider are solely between you and that third party provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings;
(l) unless explicitly stated otherwise, any new features that augment or enhance the Christmas Network Service shall be subject to these Terms and Conditions;
(m) we may at any time employ and/or install software in any computer and/or mobile device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the Christmas Network Service in any way or through any media; and
(n) the provision of the Christmas Network Service and availability of certain features and services is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the Christmas Network Service, the reliability, speed and stability of your Internet connection and bandwidth and the performance of your computers or mobile devices used which are out of our control. We will not be liable to you or any other third parties (including users of the Christmas Network Service (whether authorised or not)) for any failure or delay in accessing the Christmas Network Service or any part thereof (whether due to the lack of streaming capacity or otherwise) and/or the consequences or effects on your Internet connection, their speed and/or bandwidth that may be caused by the Christmas Network Service.
6.2 You may access the public posts of the Facebook pages of others through specified features within the Christmas Network Service. You acknowledge that we do not own, are not responsible for nor have any responsibilities to any of the posts and/or comments made by other third parties to the Facebook pages linked through the Christmas Network Service, and that by linking to these Facebook pages does not mean we endorse in any way the contents of such posts in the relevant Facebook pages. For the avoidance of doubt, Facebook, the “Like” button, the “Share” button, the “f” logo
are all trade marks, and/or trade names and properties of Facebook.
7. Software Licenses
7.1 You may from time to time be requested by us, to download software, applications and/or programs from the Christmas Network Service ("Software") and we hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software on your computers and/or mobile devices in accordance with these Terms and Conditions and any software licence which accompanies the Software but not further or otherwise.
7.2 You agree to download and install the Software in such personal computers and/or mobile devices to be used by you for accessing and/or installing the Christmas Network Service.
7.3 You acknowledge that we may refuse to provide the Christmas Network Service to you in the event you fail to successfully download and install the Software.
8. Links and Advertisements
8.1 We have no control over any third party web sites linked to the Christmas Network Service, and are not responsible for the content or accuracy of any off-site pages or any other third party web sites linked to the Christmas Network Service (including without limitation sites linked through advertisements). Some links which appear on the Christmas Network Service and/or the Website are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Christmas Network Service and/or the Website are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links and advertisements on the Christmas Network Service and/or the Website.
8.2 We may use third-party advertising companies including but not limited to google analytics to track and/or measure advertising effectiveness on the Christmas Network Service, the Website and other web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the Christmas Network Service, the Website and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
8.3 We collect and use the content and public information you provide to other websites, including but not limited to your public profile in your Facebook account (if you use Christmas Network Service through your Facebook account login), in order to provide Christmas Network Service and advertisements about goods and services of interest to you.
9. Indemnities
9.1 You agree to indemnify us, our employees, our content providers, sub-contractors, licensors and/or agents against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to:
(a) your use or others use of the Christmas Network Service, the Software, the Website and/or the Content through your computer, mobile devices and/or registered account; and
(b) any breach or non-observance of any of these Terms and Conditions by you.
9.2 Clause 9 shall survive the termination of your agreement with us for the Christmas Network Service and/or Content.
10. General Warranties & Liabilities
10.1 You agree that the Christmas Network Service is provided “as is” and without express or implied warranty or condition of any kind. To the fullest extent permitted by law, we and our content providers (and their affiliates) disclaim any representation or warranty whether express or implied as to the title, quality, fitness for a particular purpose, merchantability, accuracy, completeness, or standard of quality and resolution, transmitting continuity and timeliness of the Christmas Network Service, the Software and/or any Content, that the Christmas Network Service will be uninterrupted, no delay or error free, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from use of any part of the Christmas Network Service and/or any Content unless otherwise specifically mentioned in these Terms and Conditions.
10.2 We disclaim any representation or warranty that the Christmas Network service will meet your requirements; and/or that your access to and use of the Christmas Network service will be uninterrupted, no delay or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
10.3 To the fullest extent permissible by law, we expressly disclaim any liability for:
(a) any damage to or loss of data suffered by you arising from your use of the Christmas Network Service, the Software and/or any Content;
(b) any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
(c) any claim relating to any part of the Christmas Network Service or any Content supplied, provided, sold or made available by or through the Christmas Network Service (or any failure or delay to so supply, provide, sell or make available);
(d) any disruption, suspension, delay or failure of the Christmas Network Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
(e) any infringement of intellectual property rights arising from your use of the Christmas Network Service, the Software and/or any Content.
10.4 To the fullest extent permissible by law, we will under no circumstances, pay more than your Subscription Fee (i.e US$2.95) in compensation (even if we have been negligent) for any liabilities under these Terms and Conditions for the Christmas Network Service, Content, Software and any other goods we supplied or provided.
10.5 Clause 10 shall survive the termination of your agreement with us for the Christmas Network Service.
11. Termination
11.1 We may cease providing the Christmas Network Service and/or any Content to you at any time without any notice to you.
11.2 For serious misuse of the Christmas Network Service, we may suspend or end your access to the Christmas Network Service immediately, and if you breach these Terms and Conditions, we may suspend or restrict your access to the Christmas Network Service without prior notice.
11.3 We may also suspend or restrict your access to the Content and/or the Christmas Network Service if you breach any other contract you have with us or any of the Active TV group companies and do not put matters right within the time mentioned in such other contract. If we suspend or end your access to the Christmas Network Service, we will tell you what needs to be done before we can restore the Christmas Network Service.
12. Effect of Termination
12.1 Upon termination of your access to the Christmas Network Service, all licences, rights and privileges granted to you under these Terms and Conditions shall cease. Any such termination shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
13. Our Other Rights to Suspend or End Your Access to the Christmas Network Service
13.1 We can limit, suspend, end or restrict your access to the Christmas Network Service, without giving you advance notice (provided that it is reasonably practicable to do so) if:
(a) the law requires us to do so;
(b) there is an emergency that affects our ability to provide the Christmas Network Service or Content;
(c) the Christmas Network Service or any Content is withdrawn from distribution through the Christmas Network Service for whatever reason;
(d) we no longer hold the right to distribute the content or the Show and/or Christmas Network service or any particular Content on the Christmas Network Service;
(e) we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if we are required by a relevant authority to cease transmission of the Christmas Network Service and/or Content; or
(f) the Christmas Network Service or Content including any advertising therein fails to comply with any regulatory standards, relevant laws or any requirements or orders issued from time to time by a relevant authority.
14 Unauthorised Access
14.1 Unauthorised access to the Christmas Network Service and/or any Content is a breach of these Terms and Conditions and a violation of the law. Where certain Content is restricted to registered users/selected registered users, you agree not to access such Content by any means other than providing us your login details and password. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Christmas Network Service, the Content or the Website except those automated means for which we have given prior written approval.
15. Changes to Terms and Conditions
15.1 Sometimes, we will need to unilaterally change the terms and conditions of the Christmas Network Service. We will publish details of all changes on the Website as soon as practicable.
16. Miscellaneous
16.1 You accept that the agreement between you and us for the Christmas Network Service and the Content is personal to you and agree not to transfer it to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
16.2 We can transfer our rights and obligations hereunder to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.
16.3 When we need to contact you, we will use your e-mail address and/or telephone number that you have provided us for contacting you. If you need to contact us, please use the correspondence address, e-mail address and/or telephone number on the Christmas Network Website, which we have given to you for that purpose.
16.4 The notice or communication sent by us shall be treated as received by you: immediately upon sending the email, if sent by email.
17. Governing Law
17.1 These Terms and Conditions are governed by the laws of the state of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the Victoria courts.
17.2 If any term or condition herein is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible and shall be deemed to be deleted from these Terms and Conditions.
