1.1 VeryLocal is a video on demand subscription service that provides its customers with access to a wide range of content (“Content”) for streaming or temporary download over the internet to certain internet connected devices (“VeryLocal Service”).
1.2 If your Supported Device is a PC or a Mac, the VeryLocal Service is accessed via the website verylocal.com.au (“VeryLocal Website”).
1.3 The Stan Service is provided by This is Arcadia Pty Ltd (ABN 71 611 657 884)(“we”, “us” or “our”).
2.1 This Agreement governs your use of the VeryLocal Service and your use of the Software (as defined in clause 7.1 below). By creating an account to access the VeryLocal Service (“Account”) you agree to be bound by the terms of this Agreement.
2.3 We may change the terms of this Agreement at any time. We will notify you of any material change prior to the date such change comes into effect. If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 9.2 below.
2.4 You can contact us via firstname.lastname@example.org at any time to obtain a copy of the current version of this Agreement.
2.5 This Agreement continues for the length of the specified ticketing period or we terminate this Agreement in accordance with the terms of this Agreement.
3. Eligibility and Access
3.1 To create an Account which will allow you to subscribe to the VeryLocal Service, you must: (a) be at least 18 years of age; (b) purchase a ticket via Eventbrite
3.2 To access the VeryLocal Service, you must: (a) set up a login account
3.3 To get the most from your Stan Service, we recommend an effective internet line speed of 3.0Mbps for SD Content, 5.0Mbps for HD Content, and 15.0Mbps for 4K.
4.1 By purchasing a ticket via Eventbrite you are subject to Eventbrite ticketing terms and conditions.
5. Usage and Your Account
5.1 The VeryLocal Service, the Software and any Content that you view via the VeryLocal Service are for your personal and non-commercial use only. We grant you a limited, non-exclusive, personal and non-transferable license to: (a) access the VeryLocal Service and view Content through the VeryLocal Service on a streaming or Temporary Download basis (as defined below); and
5.2 You must not download Content except: (a) for a temporary buffer required to overcome variations in stream bandwidth (b) for the temporary download of Content to a Supported Device subject to our download requirements (Temporary Download). Information in relation to our download requirements can be found via help.stan.com.au
5.3 Except as expressly authorised under the terms of this Agreement or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the VeryLocal Service or VeryLocal Website.
5.4 You must only use the VeryLocal Service (and view any Content on the VeryLocal Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.
5.5 Except for the limited licence granted under clause 7.1 above, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.
5.6 You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures employed by the VeryLocal Service.
5.7 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the VeryLocal Service (including your internet and mobile usage when Temporarily Downloading Content). Please contact your internet service provider or mobile telecommunications provider for details of your account access fees, data charges and other costs.
5.8 The quality of the display of Content, and the time it may take to commence or resume watching Content, may vary from time to time and between Supported Devices, based on factors including (but not only) your location, internet speed or bandwidth and the type of Supported Device. Not all Content is available in HD. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.
5.9 You may stream Content through the VeryLocal Service worldwide (and where internet or mobile data access to the required standard is available).
5.10 The Content on the VeryLocal Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.
5.11 You must keep your Account details private and must not share these details. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.
5.12 As a web based service, we may undertake maintenance or upgrades to the VeryLocal Website and there may be unplanned outages to the VeryLocal Website. Such maintenance, upgrades or outages may affect your ability to access the VeryLocal Service. We will use our reasonable endeavours to limit such incidents.
5.13 From time to time, you may be required to upgrade the Software to continue using the VeryLocal Service. If you decline an upgrade, you may not be able to use or access the VeryLocal Service.
5.14 You must not remove any proprietary notice of us or any of our licensor from the Content, the Software or the VeryLocal Website.
5.15 The VeryLocal Service and the Software contains software that may track and capture information about your activity (including information about your viewing habits, information about Supported Devices registered to your Account, including unique device numbers, internet protocol addresses, your operating system and other information derived from the hardware configuration of such devices) and will send this information to us. We use this information for purposes including identifying the Supported Devices registered to your Account, to confirm your right to use the VeryLocal Service and to otherwise enhance and improve the Software and the VeryLocal Service. By installing the Software and using the VeryLocal Service, you consent to the transmission of this information.
6. Suspension and Cancellation
6.1 You will not receive a refund of any fees or other amounts already paid to us when you cancel.
6.2 We may immediately suspend, restrict or cancel your Account or access to the VeryLocal Service: (a) where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons; (b) if you use the Content or the VeryLocal Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors; (c) if you breach any term of this Agreement; or (d) if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.
7. Intellectual Property
7.1 All content on or available through the VeryLocal Service (including the Content, and all other works, subject matter and other material comprising or available on the VeryLocal Website) and the Software is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of the VeryLocal Service and Software is subject to, all relevant intellectual property laws.
7.2 We take the infringement of copyright and other intellectual property rights very seriously. We reserve the right to take all steps necessary to prevent the unauthorised copying, distribution, reproduction, transmission, communication or exploitation of the Content or the Software.
8.1 To the maximum extent permitted by law (but subject to clause 11.2): (a) the VeryLocal Service and all Content and Software and any other features or functions associated with the VeryLocal Service, are provided “as is” and “as available” with all faults and without warranty; (b) we do not make any promises or assurances to you about the VeryLocal Service, the Content or the Software, including without limitation that your use of the Stan Service or the Software will be uninterrupted or error-free; (c) we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the VeryLocal Service, the VeryLocal Website and we do not accept any liability in relation to your reliance on such information, advice or other content; (d) all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the VeryLocal Service or otherwise in connection with this Agreement are expressly excluded; (e) we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the VeryLocal Service.
8.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. The VeryLocal Service comes with statutory guarantees under consumer protection laws that cannot be excluded.
8.3 You are responsible for all acts and omissions of any person who uses your VeryLocal Service.
8.4 You indemnify us and our shareholders, directors, officers, employees, suppliers, content partners and licensors (each an “indemnified party”) from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with: (a) our supply, suspension, restriction or cancellation of the Stan Service or your Account; or (b) your use of the VeryLocal Service, including in connection with any content, information or other material posted on the VeryLocal Website from your Account, or any other information you provide to us, unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default, negligence or breach of this Agreement.
10.1 We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement.
10.2 You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.
10.3 This Agreement is governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.