Terms

  1. DEFINITIONS
    1. App means the BiGfilm application for mobile, tablet and other smart devices and any application program interfaces.
    2. BiGfilm/we/us/our means VAisual Advertising Solutions

      ABN 78 167 098 704 / ACN 167 098 704. Registered Office: 92-94 Tennyson Rd, Mortlake, NSW 2137, Australia

    3. Claim means any claim, demand, cause of action, suit, liability or proceeding of any nature whether actual or threatened.
    4. Loss means any liability, cost, expense, loss or damage and in relation to a Claim, includes amounts payable on a Claim (whether or not the Claim is successful) and legal costs and expenses on a lawyer/attorney and own client basis.
    5. Members means those people/businesses who contract with us to create Account or who purchase a Package.
    6. Package means a high quality content package.
    7. Content means the high quality promotional  videos, photos, vex or animation created by BiGfilm/Photos/VFX/ or the listed products for our Members.
    8. Services means our services supplied in conjunction with and ancillary to the  Videos, including our Website, our App and the interactive environment provided by BiGfilm that enables users of our Website and our App to view or download Content and upload responses and feedback.
    9. Terms mean these Member terms and conditions of sale.
    10. Website means hhttp://bigfilm.com.au
    11. Website Terms means the general website terms and conditions located at http://bigfilm.com.au/terms/  to terms and conditions
    12. You/your means each of our Members.
  2. BINDING CONTRACT
    1. These Terms form a contract between us. They apply to your Account, the sale of Content  the sale of Packages and the supply of our Services, to the exclusion of any other terms. By becoming a Member and using our Services, you agree to be bound by these Terms, the Website Terms and the BIG Review TV Privacy Policy as applicable and any other terms notified to you by BiGfilm.
    2. The Website Terms and our Privacy Policy are incorporated into and form part of these Terms.
    3. We reserve the right, at our sole discretion, to change our Website, App, Services and these Terms at any time and without prior notice. It is your responsibility to check the “Last Updated” date at the top of these Terms. By continuing to access or use our Website, App or Services after we have changed these Terms, you are indicating that you agree to be bound by the changed Terms. If the changed Terms are not acceptable to you, your only recourse is to cease using our Website, App and Services.
    4.  We will not change the prices for Packages contained in valid quotes or which have already been accepted by you.
  3. MEMBERSHIPS AND PLACING ORDERS
    1. You must provide true and accurate information when completing the Membership account registration and Membership application processes. You must not share your Membership details with any third party.
    2. Free Account enables you to create a profile page, view Content and upload responses and feedback to the interactive service.
    3. If we accept your application for Paid Content, BiGfilm will provide you with additional Services, and charge you for them, in accordance with the Package  you choose.
    4. We reserve the right to accept or reject any Account application or order for a Package placed by you. We will communicate any non-acceptance of a Account application or order within 1 week of your application or receipt of your order.
  4. PRICING
    1. For Account applications completed online via our Website, Content prices are as published on our Website and are current at the time of display.
    2. The prices for Services and purchase of Packages are otherwise as set out in the quotes provided by us. Quotes are valid for acceptance for one month from the date of quote unless otherwise specified.
    3. If a shoot for a BiGfilm is required outside of any metropolitan area, then we reserve the right to on-charge to you any out-of-pocket expenses which we incur as a result. We will obtain your prior approval before incurring any such expenses. Any out-of-pocket expenses will be passed on to you at cost. Invoices for out of pocket expenses must be paid by you within 14 days after the date of our invoice.
    4. Unless otherwise stated, all prices displayed on our Website or in our quotes are exclusive of goods and services tax, VAT, withholding tax and any other taxes. If it is a legal requirement in the jurisdiction in which you are a resident, any taxes will be payable in addition.
  5. FOREIGN CURRENCY
    1. We will endeavour to display all prices on our Website and in our quotes, in the currency of the geographic location from which you either access our Website or the geographic location in which you receive the quote. However, the currencies available for making payments may be limited, and may not include the local currency in any given geographic location. You should always check the stated currency as displayed on our Website or in our quotes.
    2. Please note that your payment company (for example, your credit card provider or financial institution) will use a currency conversion rate for and may impose a currency conversion fee on your payment, if your card or financial institution account is denominated in a currency that is different from the currency displayed on our Website or in our quotes. Similarly, third party payment processors may also use a currency conversion rate or impose a currency conversion fee on your payment. All of these currency conversion rates and fees are not controlled by or known to us.
  6. PAYMENT
    1. Our prices are payable in full within 14 days of our invoice, and in any event in advance of filming, unless otherwise agreed when you apply online for Membership via our Website or as otherwise may be agreed in writing. Only one invoice for the full price of your Membership or Package will be provided to you.
    2. Payment by instalments will only be granted at our discretion, must be confirmed by us in writing and will only be permitted provided that you first enter into a direct debit arrangement with us, which allows us to automatically debit agreed instalments from your account with an approved financial institution or from an approved credit card account or other approved third party payment processing account.
    3. It is an essential condition of giving you permission to pay by instalments, that you:
      1. accurately complete all forms and other documents that we provide to you (such as direct debit authority forms);
      2. irrevocably and unconditionally authorise us to debit all instalments and other moneys owing or payable to us from your nominated account, credit card account or other approved third party payment processing account; and
      3. keep sufficient funds in your nominated account, credit card account or make available sufficient funds through your approved third party payment processor to meet your obligations under these Terms and do not close or default on any of those accounts or breach the terms of use of your approved third party payment processing account.
    4. Bank transaction fees and Government taxes may apply to your direct debit arrangement.
    5. We reserve the right to charge a payment processing fee on direct debit payments. Payment processing fees will be disclosed on our Website or in your quote.
    6. If you wish to change your direct debit arrangement (including your bank details or credit card expiry date), you must provide us with a new direct debit authority at least 7 business days prior to the next payment.
    7. If sufficient funds are not available at the time we process a payment, a dishonour fee may be charged by both us and your financial institution, credit card provider or other third party payment processor to cover reasonable administrative and processing costs.
    8. We may terminate your direct debit arrangement if any instalment payment is refused by your financial institution, credit card provider or third party payment processor.
    9. You may not terminate your direct debit arrangement without our prior written consent. We reserve the right to require payment of all outstanding instalments and other amounts owing or payable to us as a condition of our consent.
    10. We reserve the right to charge interest on all overdue payments at the rate of 1% per month from the due date for payment until the date that payment is actually made.
    11. If you default in any payment, you breach these Terms, your direct debit arrangement is terminated without our consent, or if you commit any act of bankruptcy, appoint an administrator or commit an act which entitles a third party to make an application to wind you up or appoint a receiver or receiver and manager to you or any of your assets or if you pass a resolution to wind yourself up or you enter into any arrangement or compromise with any of your creditors (or anything similar occurs in any jurisdiction) (“Events of Default”), then:
      1. the date for payment of all moneys owing and outstanding to us, irrespective of whether the due date as per the invoice has passed, will accelerate and become immediately due and payable and you irrevocably authorise us to debit such amounts due and payable from your nominated financial institution account, credit card or third party payment processing account;
      2. we may demand immediate payment of any other moneys owing or payable to us pursuant to these Terms including any outstanding payment instalments and other out of pocket expenses incurred, but not yet invoiced; and
      3. we may cancel or postpone any booked film shoots and we may cancel or suspend the supply of further Services to you including in respect of your Membership and the part or whole of any Package, not yet supplied as at the date of the Event of Default.
    12. You agree to indemnify us against all Claims and Loss that we suffer or incur in connection with the recovery of any monies due and payable but unpaid by you.
  7. BOOKING FILM SHOOTS
    1. No arrangements will be made to produce a Content before any payment due is received, unless agreed in writing.
    2. For online purchases via our Website, the estimated timeframe to shoot your Content will either be as published on our Website or as we otherwise inform you.
    3. For all other purchase  applications, we will inform you of the estimated timeframe to shoot your Content as set in our quote, or at the time of acceptance of your application, as relevant.
    4. You must make yourself available within those estimated timeframes.
    5. All components of a Package must be filmed within 2 months from the date of placement of your order. We reserve the right to not supply you with any part of a Package, which is not filmed within 2 months from the date of placement of your order, which results from your failure to arrange a shoot within that timeframe.
    6. Lead times to book a shoot for your Package will vary depending on your location, the location of the required shoot and our existing commitments. We will provide you with our current lead times on request. It is your obligation to ensure that you book all shoots for the components of your Package within 2 months from the date of placement your order.
    7. We will use best endeavours to ensure that we are available for filming within our estimated timeframes (for Exclusive Content)  and at the times that you book shoots (for Packages). However, shoots may be delayed by circumstances outside of our reasonable control, including transport and/or accommodation shortages, accidents and breakdowns of filming equipment. You acknowledge that we are under no liability or obligation for any failure to be available as a result.
    8. If a shoot is delayed, will let you know as soon as possible and make new arrangements for the shoot.
  8. REVIEW VIDEOS INTELLECTUAL PROPERTY AND CONTENT
    1. If you would like us to create a Content for your business (which includes each Content included in a Package), you:
      1. agree that while we will seek to accommodate your reasonable requests, we have full directorial and editorial control over the content of the Content; and
      2. must provide us with any reasonable access and assistance we require to create the Content.
    2. We own all rights and property (including copyright) in the Content  that we create and we may use, modify, distribute and exploit those Content without restriction, including by publishing them via our Website and App and distributing them to third parties.
    3. If you have purchased a Package, we grant you a limited, non-exclusive, non-transferable licence to use any completed parts of the Package in the ordinary course of your ordinary business. This licence will automatically terminate, if you breach these Terms, default in any payment or if an Event of Default occurs. If this licence is terminated, we may, in our sole discretion, reinstate this licence if the relevant breach, payment default or Event of Default is rectified.
    4. You grant us a perpetual, worldwide, non-exclusive, non-transferable and royalty-free licence to use any of your trademarks, branding, logos and other intellectual property rights in the creation of a Review Video for you.
    5. We own or licence all Review Videos and other content forming part of our Services (“Content”). You do not have any right, title or interest in any Content except as set out in these Terms.
    6. If you upload any responses, feedback or other Content to the interactive service, you retain your ownership or licence of that Content and you:
      1. warrant that the Content will not breach any laws or infringe the rights of third parties and that you have the right to upload the Content;
      2. grant us a non-exclusive, worldwide, royalty-free and irrevocable licence to use, copy, modify, distribute and further licence the Content in connection with our Services; and
      3. must ensure that the Content is not inappropriate, offensive, defamatory, pornographic or sexually explicit, violent or graphic, unlawful or otherwise contrary to the intended use of our Services.
    7. We exclude all liability for Content uploaded by you or third parties.
    8. We grant you a limited, non-exclusive, non- transferable licence to use Content (other than Content you upload) as necessary to use our Services in accordance with your Membership.
    9. We may in our sole discretion and without notice, remove Content from our Website, App and interactive services at any time. We will not however remove your Review Video during the currency of your Membership subscription period, provided you are not in breach of these Terms.
    10. If you or we terminate your agreement, we do not have an obligation to return to you any Content, including but not limited to any responses, feedback or reviews.
  9. USE OF OUR SERVICES
    1. You are responsible for your use of our Services and all use of your content and your BiGfilm account.
    2. In using our Services, your Content and your BiGfilm account, you must:
      1. not breach any law or infringe the rights of any third party;
      2. not alter or modify any part of our Services or interfere with any features of our Services that are designed to protect users of our Services, Content or the security of our Services;
      3. not download, copy, re-sell, re-supply, distribute or commercially exploit any part of a Content or our Services except as permitted under your current Account, or as set out in these Terms;
      4. not use any technology or means other than our Website or App for your Membership unless authorised by us in writing;
      5. not introduce any computer virus or other contaminant (including bugs, worms, logic bombs or Trojan horses) into our Services or use any automated software routine (e.g. bots) to access our Services;
      6. not bring us or any of our other Members or customers into disrepute; and
      7. comply with our reasonable directions in relation to your use of our Services.
    3. You indemnify us against all Claims and Loss suffered or incurred by us in connection with:
      1. your breach of any law or your infringement of the rights of a third party;
      2. your breach of any warranty that you give in these Terms;
      3. your infringement of our rights in the Review Videos and Content;
      4. your access to and use of the Review Videos we create and our Services and any of your acts and omissions or any directions you take or give in connection with our Services; and
      5. any Content you upload or contribute to the interactive services, including your responses, feedback, and any trade marks, images, opinions or other materials you contribute to a Content.
  10. MEMBERSHIP SUSPENSION AND CANCELLATION
    1. You may cancel a Account at any time for any reason by sending us an email using the contact details set out at  sales@biofilm.com.au
    2. Accepted Memberships and orders may only be cancelled by you on terms that indemnify us for all Claims and Loss which we may suffer or incur in connection with your cancellation. You acknowledge and agree that a significant part of our costs of supply of our Memberships and Packages are incurred in advance of filming. We therefore reserve the right to recover pursuant to this indemnity, any unpaid balance of the full price for a Membership or Package, in the event of a cancellation after we have incurred costs or you have already booked the first shoot.
    3. BiGfilm may cancel yourAccount, a Package or any part of our Services for convenience on one month’s written notice.  If you have received a Package/Service/Content, you will receive a pro rata refund for that part of your Package which has not yet been produced and you may use any produced parts of your Package subject to the limited, non-exclusive, non-transferable licence set out above.
    4. We may suspend or cancel your Account and/or providing services to you (for example, shoots which have been booked) and/or your use of our Services immediately by written notice if:
      1. you do not pay any moneys payable to us by their due date for payment;
      2. you breach these Terms and the breach cannot be remedied;
      3. you breach these Terms (excluding your payment obligations) and the breach is not remedied within one month of us requiring you to do so; and
      4. an event beyond our reasonable control prevents us from providing our Services for a period of one month.
    5. You must immediately stop using the Member Services if you cancel your Membership or if we suspend or cancel your Membership or the use of our Services.
    6. If we suspend or cancel your Membership and/or providing services to you and/or your use of our Services, you may not apply for a new Membership or attempt to access and use our Services through another account.
  11. LIMITATIONS AND EXCLUSIONS OF LIABILITY
    1. You warrant that you will not use any of our goods and services for personal, domestic or household purposes.
    2. If you are a consumer for the purposes of the Australian Consumer Law (ACL), you have the benefit of the consumer guarantees and other non-excludable rights set out in the ACL and all other relevant laws in any legal jurisdiction. Subject to those consumer guarantees and non-excludable rights, to the extent permitted by law:
      1. all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our goods and services are excluded; and
      2. you acknowledge and agree that our Services are provided on an “as is” and “as available” basis and that you buy and use them at your sole risk.
    3. To the extent permitted by law, (including the provisions of the ACL in relation to “major failures”), our liability for breach of any consumer guarantees and non-excludable rights is limited at our option to any one or more of the following:
      1. in the case of goods – the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
      2. in the case of advice, recommendations, information, or other services, by supplying the advice, recommendations, information, or other services again, or to the payment of the cost of resupplying the advice, recommendations, information or other services.
    4. To the extent permitted by law we will NOT be liable to you:
      1. or to any third party for any failure to supply any of our goods and services in connection with anything that is beyond our reasonable control; or
      2. for any loss of profits, business interruptions, business down time, loss of information/data, loss of business, loss of opportunity, or any indirect, incidental or consequential losses, irrespective of how they arise.
  12. DISCLOSURE AND PRIVACY NOTICE
    1. You agree that we may disclose details about your business such as the name of your business, business address and website, nature of your business, contact person and contact phone number to other businesses who may have a product offering that is relevant to your business.
    2. We will collect, use, store and disclose personal information you provide in accordance with our Privacy Policy LINK TO PRIVACY POLICY. You consent to us disclosing the personal information of a contact name and contact phone number for the purposes of the subclause above.
  13. MISCELLANEOUS
    1. If you are not a resident of the United States of America, these Terms are governed by the laws in force in New South Wales, Australia. Both we and you irrevocably agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.
    2. If you are a resident of the United States of America, this agreement shall be governed by and interpreted in accordance with the laws of the State of New York. The United States Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in these Terms. Any dispute, controversy or Claim arising out of or relating to these Terms, or the breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    3. BiGfilm provides the Services from Australia. If you use our Services from outside of Australia, you are responsible for ensuring compliance with local law in relation to your account and your use of our Services.
    4. You must not assign your rights or sub-contract your obligations under these Terms without our written consent. We may assign our rights or sub-contract our obligations under these Terms without restriction.
    5. To the extent permitted by law, these Terms contain our entire agreement with respect to its subject matter and supersede all previous agreements, representations and discussions and you warrant you have not relied on any such agreements, representations or discussions.
    6. We may give you notices under these Terms in writing by any lawful means, including by hand, post, fax, email and by posting on the Website. You may give us notices under these Terms in writing using the contact details set out at www.bigfilm.com.au/contacts
    7. If any part of these Terms is void or unenforceable, that part is taken to be removed from these Terms and the remaining Terms continue to have full effect.
    8. Any provision of these Terms which are expressed to or, by their nature, survive the termination of these Terms, will survive such termination.
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