ABC Shop Downloads Terms and Conditions
ABC Shop Downloads Terms and Conditions “End User Licence Agreement”
These terms and conditions apply specifically to ABC Shop Downloads (“Downloads”). They replace the other ABC Shop online terms and conditions, unless otherwise stated. Downloads are only offered to you on these terms and conditions.
By interacting with the ABC Shop Downloads site, including but without limitation, browsing the ABC Shop Downloads site and/or purchasing Downloads, you acknowledge and agree that you have read and accepted the following terms and conditions:
Location of End User
Purchase and use of Downloads may be made in Australia only.
Consumers must be 18 years or over
You must be 18 years or over to purchase Downloads.
It is your responsibility to supervise any children who are under your control and who are accessing the ABC Shop Downloads site.
Classification of Content
It is your responsibility to check the classification of Downloads as appropriate for your viewing before purchase.
Technical Requirements
To purchase Downloads using your personal computer, you will need the following:
- a compatible operating system
- high speed internet access
- compatible software
- upgrades as and when required
These elements are your responsibility. The ABC cannot be held liable for any deficiencies in compatibility with your personal computer.
All of the following system requirements are recommended:
- broadband internet access – the ABC recommends a service at 1500kbs or above
- Internet Explorer 6 or above or Firefox 2.x
- Windows XP or Vista
- Windows Media Player
- Current version of Microsoft Silverlight
Software
When you purchase Downloads, the ABC will also download some software - the ABC Downloads Manager - on to your personal computer to enable your personal computer to store, play and manage Downloads. This software may be upgraded from time to time. You may only use that software to allow you to store, and play and manage Downloads from the ABC Shop Downloads service only.
Download System used by the ABC
The ABC has set up the Downloads system so that it may use a peer to peer network. This may mean that data may be downloaded to other end users from Downloads on your personal computer when your internet service is activated. You have the choice not to allow peer to peer networking. If you opt to allow peer to peer networking, by purchasing Downloads you acknowledge and agree to this arrangement, and you agree that the ABC will not be liable for any cost incurred by you arising directly or indirectly as a result of this peer to peer network.
Your Internet Service Provider
The ABC provides information about the file size of the Downloads on the ABC Shop Downloads site. It is your responsibility to check the file size prior to purchase and it is your liability to pay for any costs charged by your internet service provider for downloading the Downloads.
Digital Rights Management
Downloads contain a digital rights management system.
Licence of Downloads to Rent
Downloads purchased by you are available on the following terms only:
- Downloads may only be downloaded to your personal computer in Australia
- Downloads are provided for your non-commercial, private and domestic use only
- You may not transfer the Downloads to any other person outside your domestic household
- You may play Downloads to rent as many times as you wish during a period of 7 days only from the time you have completed downloading the Download and you log into the Download for the first time
- On expiration of this 7 day period, you will not be able to play the Download. It is your responsibility to delete the Download file from your personal computer
- You are permitted to copy the Download up to 3 times on your personal computers only. You are not permitted to make any further copies
- You are not permitted to circumvent any digital rights management system contained in the Downloads
- You agree to use the Downloads solely in accordance with these terms and conditions of this agreement
Purchase Process
There are two ways to purchase Downloads. You may purchase Downloads through the ABC Shop online shopping cart or you may purchase Downloads by launching a preview clip on the ABC Shop online.
- Purchase the Download by clicking “add to cart”
- then if you have not already done so, registering for an ABC Shop online account, then entering your login and password
- then entering your billing details
- then entering your payment details
- then clicking on “submit” to complete the purchase
When you click “submit” the Download will start to download on to your personal computer.
Once you have clicked on “submit” the transaction is final, you are no longer able to cancel the transaction, and the purchase will be processed.
Except for your entitlements under applicable statutes, no warranties about the Downloads are given by the ABC. Unless permitted by an applicable statute, you will not be entitled to a refund.
Prices
Prices are subject to change.
Your Account
To purchase a Download you are required to have an ABC Shop online account with a login and password. This login and password is required to activate and play Downloads you have purchased. It is your responsibility to keep these details secure. The ABC is not responsible for any unauthorised use of your account. Please notify the ABC of any unauthorised use immediately you become aware.
Payment Methods
The ABC will accept payment by major credit cards only.
GST
All prices of Downloads are inclusive of goods and services tax (“GST”).
Special Offers
Prices and titles available for Downloads may vary for promotional purposes. All special offers are only available for the advertised period. The ABC reserves the right to change any promotional details.
Intellectual Property
The content contained in the Downloads is protected by copyright and other intellectual property laws. Except as expressly permitted by these terms and conditions and except as permitted by law, all other rights are reserved to the ABC and its licensors, and you are not entitled to use the content contained in the Downloads in any other way.
The content contained in the Downloads contains valuable intellectual property including trade marks of the ABC and other parties. Nothing in these terms and conditions amounts to any licence to you to use any such trade marks.
Customer Service
If you are experiencing difficulties with Downloads, please contact us using the online email from here:
Contact Us
Privacy
During the purchase process for Downloads, you must provide information which is true and correct. If you continue to use the Downloads service you must notify us promptly of any change to your details. Your privacy is governed by the ABC Shop privacy policy available at this link:
Privacy & Security policy
These Terms and Conditions May Change
It is your responsibility to check these terms and conditions regularly as they are subject to change at the ABC’s complete discretion.
Suspension
The ABC may suspend the ABC Downloads service for any reason.
Termination
The ABC may terminate this agreement if you fail to comply with these terms and conditions. Without limiting the foregoing:
- The ABC may terminate this agreement if it has reasonable grounds to suspect that you have infringed, or you have authorised another party to infringe, copyright or any other intellectual property law in the Downloads.
- The ABC may terminate this agreement if the information you provide is incorrect or false.
- The ABC may terminate this agreement for any other reason at its complete discretion.
Disclaimer
The ABC cannot warrant and cannot guarantee that the ABC Downloads service will be uninterrupted or error free or secure or virus-free. The ABC cannot be held liable for any of these occurrences.
Notices
If required to notify you of anything arising from this agreement, the ABC will use your email address you have provided to us. Notice to the ABC may be made by writing to: ABC Shop Downloads, Australian Broadcasting Corporation, GPO Box 9994, Sydney, New South Wales, 2001.
Interpretation
If any provision of this agreement is determined by any statute or court to be illegal, invalid, void or voidable, then that provision will be deemed to be deleted to the same extent and effect as if it was never incorporated, and the remainder of this agreement will continue in full force and effect.
Entire Agreement
This Agreement constitutes and contains the entire agreement with respect to this subject matter. There are no promises, terms, conditions or obligations oral or written, express or implied other than those expressly contained in this Agreement.
Assignment
If required, the ABC may assign this service, or any aspects of this service, including its rights and obligation, to any other party at any time. You may not assign assign your rights and obligations under this agreement.
Governing Law
This agreement is governed by the law of New South Wales and you agree to submit to the jurisdiction of the courts of New South Wales.
Information about ABC Shop Downloads
ABC Shop Downloads is a service provided by the Australian Broadcasting Corporation (ABN 52 429 278 345).
