FOR VIEWING/RENTING/BUYING FILMS AND PARTICIPATING ON THIS PLATFORM
The Company, we and us mean The Documentary New Zealand Trust (Doc Edge).
Compatible Devices means a device compatible with the Platform as listed in these terms. Member means a person that has supplied the requisite information and accepted membership of the Platform and Membership has a corresponding meaning. Member Account means an account held by a Member with Doc Edge for the purposes of viewing, buying or renting Platform Content through the Platform. Platform Content means a film or TV series or an episode of a TV series or any other product or content provided by us for buying or renting through the Platform. Platform means the digital content platform provided by us (and/or by our third party service providers on our behalf) and includes all pages of and all information, material, text, graphics, and facilities on the Platform. Rental Content means Platform Content, which has been rented by a Member and is available for viewing for a specific time period. Purchased Content means Platform Content, which has been purchased by a Member and is available for viewing for an indefinite time period, or for as long as the Member holds a Member Account.
2. Acceptance of Terms
These terms form the basis on which you agree to use Doc Edge’s Platform to view films. These terms represent a legally binding agreement between you and The Company. By using the Platform (which includes accessing the Platform, creating an account, and/or buying or renting or viewing any Platform Content) you accept these terms and agree to abide by them. If you need to contact us about the Platform, you can do so by contacting us through [email protected]
We reserve the right to change these terms. If we do so, then prior to any subsequent purchase of any Platform Content, you will receive an email notifying you of the updated terms to the email address you provided when creating your account.
3. Use of the Platform
The Platform permits access to our Platform Content for educational use in accordance with these terms, including any terms specific to particular Platform Content. To buy or rent Platform Content you must be 18 years or older and located in a territory where the particular Platform Content is authorized to be available. You agree not to use or attempt to use the Platform from outside this territory. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside this territory. You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms and that they comply with them. Use of the platform acknowledges that schools’ fully understand the ‘Terms and Conditions’ and specific conditions set out in section ‘3.’:-
- Content is the intellectual property of the Production Company.
- Schools are only entitled to screen the Content to their intended audience- students within the school.
- To use a fee waiver Doc Edge must approve you.
- If you wrongfully use a fee waiver Doc Edge has the right to terminate your subscription.
- Schools will keep the Content secure and will not permit part of or the whole of the Content to be copied or shared in any way.
- The Content will be viewed for the purposes of the schools program only.
- Schools will provide information promptly to Doc Edge if Doc Edge requires an audit of use or security.
- By participating in the Doc Edge On-Demand program free of charge, schools agree to participate in providing appropriate feedback, in a timely manner, during or after use of the platform. This shall be in the form of surveys and or questionnaires provided by Doc Edge.
- Failure to abide by the ‘Terms and Conditions’ for misuse or abuse will result in immediate termination of schools’ membership to the on-demand program.
4. Technology Requirements
You are responsible for making all arrangements necessary for you to access the Platform, including ensuring you employ technology capable of utilising the Platform. Use of the Platform requires Compatible Devices, certain software (fees may apply) and internet access. Use of the Platform may be affected by the performance of these factors and these requirements are subject to change at any time. We will use reasonable endeavours to give you notice of any changes.
5. Compatible Devices and Software
Doc Edge On-Demand may be used on a desktop computer or download the iOS or Android app to your handheld device. You acknowledge that the Platform may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems. High-speed internet access is strongly recommended.
6. Viewing and Purchase and Payment
To use the Platform you must become a Member and you must agree to these terms. Once you have become a Member you are granted access to Platform Content. Any fees to buy or rent Platform Content are specified on the Platform and will be indicated to you before you confirm payment. Fees are subject to change from time to time without notice. If buying or renting Platform Content you will need to enter your credit card details into the payment system before you are able to view the Platform Content. All payments via this system are processed using SSL (Secure Socket Layer) protocol, where sensitive information is encrypted to protect your privacy. If you suspect there has been a fraudulent credit card transaction recorded in respect of the Platform you must contact Doc Edge directly to resolve your complaint. Doc Edge will co-operate with the third party payment gateway to provide reasonable assistance in resolving any complaint. Doc Edge accepts no liability for any losses you may incur as a result of any breach of terms either by yourself or by our third party payment provider and if you have any complaints regarding the payment process you need to raise these with Doc Edge directly.
7. Member Accounts
Some important details about your Member Account:
- Don't reveal your account information to anyone else;
- You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account;
- You agree to immediately notify Doc Edge of any security breach of your Member Account;
- Doc Edge shall not be responsible for any losses arising out of the unauthorized use of your Member Account;
- If you create a Member Account and/or use the Platform on someone else's behalf, you warrant that you have that person's authority to do so. You also accept all liability and the consequences for any breaches of these terms resulting from any unauthorized activity you conduct. You shall not access or attempt to access a Member Account that you are not authorized to access. You agree to provide accurate and complete information when you become a Member, and as you use the Platform, and you agree to update such information to keep it accurate and complete.
8. Platform Content
Platform Content is available for streaming via the Platform. Platform Content is only available within the territories in which the particular Platform Content is authorized to be available. The Platform Content will be available to you to start viewing on Compatible Devices for the Platform Content and subject to the speed of your internet connection and, as follows:
Viewing Platform Content
- Content will be available for you to view immediately for the period of time specified on the Platform and for the period of your free membership.
- You may pause and rewind the Rental Content. Stopping, pausing, or restarting Rental Content does not extend the available time for viewing. You may discontinue your viewing and resume later.
- Rental Content may be viewed for an unlimited number of times during the rental period.
- Content will be available for you to view immediately and will be available for viewing for the 2018 school year only, while the Platform is available.
You acknowledge that the volume of data consumed by accessing the Platform Content is typically high. Content use does not include any charges for internet usage. You are solely responsible for any internet usage or charges that your ISP may apply in relation to accessing Platform Content.
10. Platform Service and Availability
We may modify, suspend, or discontinue the Platform or any Platform Content at any time with or without notice to you. We will not be liable for any unavailability of the Platform or of any Platform Content if you have breached any of these terms or for any unavailability beyond our control. If you have paid for Platform Content but we have failed to make it available to you, then our liability for any such unavailability will be limited to the purchase price for that Platform Content. You acknowledge that not all of our films listed on our website are available nor will they become so in future.
11. Rules of Use
You shall use the Platform and the Platform Content strictly in accordance with these terms. You will be authorized to use Platform Content only for educational, non-commercial use. You may not make any Platform Content available for any commercial purpose, personal purpose or any other purpose not expressly authorized in these terms. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Platform and the Platform Content for any reason, or to interfere with, remove or alter any digital rights management information on the Platform or the Platform Content, or to attempt or assist another person to do so. You must not abuse or misuse the Platform by attempting to compromise the service by employing technologically harmful means or material. You will not use the Platform for any purpose that is unlawful, not authorised by us or otherwise conflicts with these terms. Your use of the Platform may be monitored and controlled by Doc Edge or its service provider for compliance purposes at any time.
12. Third Party Material
Some information contained in the Platform may link you to sites that are not owned or under the control of Doc Edge. Doc Edge assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the Platform.
13. Objectionable Material
We aim to include rating information when available for all Platform Content. You may personally consider some Platform Content to contain offensive, indecent, or objectionable content and some Platform Content may also contain explicit material. Subject to applicable censorship laws the Platform provides Platform Content at your sole risk and Doc Edge shall have no liability to you for material that you may consider to be offensive, indecent, or objectionable. Some Platform Content may be viewed and or sold on an age-restricted basis. It may be unlawful for you to knowingly purchase some Platform Content if you don't meet the minimum age requirement. In purchasing Platform Content we rely on your agreement that you are old enough to legally purchase the particular Platform Content. If we have reasonable grounds to believe you are not old enough then we may cancel your Membership.
14. Intellectual Property
The Platform and the Platform Content contain information and material that is owned by Doc Edge and/or its licensors and/or service providers, and is protected by applicable intellectual property and other laws, including those relating to copyright. Doc Edge reserves for itself and such third parties all such rights in all jurisdictions throughout the World. You must not (and must not permit others to) authorize or assist any other person to remove or interfere with any copyright notices contained in any Platform Content. We take infringement of our copyright (and that of our licensors and service providers) seriously. You must:
- only use the Platform Content and related information and materials in the course of using the Platform in compliance with these terms and not for any other purpose;
- not download, upload, copy, reproduce, communicate to the public, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of any Platform Content or any part of it;
- not copy, reproduce, modify or manipulate any part of the Platform and/or Platform Content in any manner;
- not exploit the Platform or Platform Content in any unauthorized way whatsoever.
We reserve all rights and remedies available to us to prevent any infringement of intellectual property we or our licensors or service providers own that is comprised in the Platform or Platform Content.
Doc Edge’s trademarks, service marks, graphics, and logos used in connection with the Platform are the intellectual property of Doc Edge. Other trademarks, service marks, graphics, and logos used in connection with the Platform or with Platform Content may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks.
- terminate the agreement created between you and Doc Edge pursuant to these terms; and
- suspend access to the Platform (or any part thereof) or any Platform Content at any time without notice.
Provided you are not in breach of these terms we will reimburse you for any Platform Content you have successfully paid for but which has not been made available to you in accordance with clause 7 at the time of termination or suspension.
We will not be liable if for any reason the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or to Platform Content.
We have the right to disable any Membership at any time, if in our opinion you have failed to comply with any of these terms.
You may cease to use the Platform at any time.
Your use of the Platform is at your own risk. Doc Edge does not guarantee, represent or warrant the uninterrupted or error-free use of the Platform and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond doc Edge's and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection. To the extent permitted by law, the Platform and the Platform Content are provided by Doc Edge without warranties or guarantees of any kind, other than the statutory protection afforded to you by applicable legislation.
17. Limitation of Liability
Doc Edge’s liability shall be limited as set out in these terms and otherwise, to the amount of any liability that may arise under any applicable legislation, and solely in respect of the failure to comply with any guarantee corresponding to Doc Edge’s supply of goods or services relating to the Platform or any Platform Content. Doc Edge expressly excludes any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform.
18. Waiver and Indemnity
You agree to indemnify and hold Doc Edge, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these terms and your use of the Platform. Doc Edge reserves the right to take any action we believe necessary to recover any sums you owe us. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by us including, but not limited to, legal fees, collection fees, arbitration costs and court costs.
These terms constitute the entire agreement between you and Doc Edge regarding the Platform. If any part of these terms is held invalid or unenforceable the remaining parts of these terms shall remain in full force and effect. Our failure to enforce any right or provisions under these terms will not constitute a waiver of such provision or any other provision. We will not be responsible for failure to fulfil any obligation due to causes beyond our control. We may notify you with respect to the Platform by sending an email message to your Member email address. Notices shall become effective immediately when issued by us.
20. Governing Law
These terms and your use of the Platform and Platform Content are governed by the jurisdiction where Doc Edge is based for any claim or dispute relating in any way to your use of the Platform.
We value your privacy and the trust you place in us.
The Company, we and us mean The Documentary New Zealand Trust (Doc Edge).
1. Our Commitment to Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
2. The Information We Collect
This notice applies to all information collected or submitted on The Company’s website. This information may include, but is not limited to:
- Email address
3. The Way We Use Information
We use the information you provide about yourself when joining The Company to complete your Profile. We do not share this information with outside parties except to the extent required by law or necessary to the running of this site. Your email, name and credit card details are not shown publicly.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
4. Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
5. Our Commitment to Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13.
6. How You Can Access and Correct Your Information
You can access all your personally identifiable information that we collect online and maintain by visiting your Account Settings page. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
7. The Video Privacy Protection Act of 1988
The Company adheres to The Video Privacy Protection Act of 1988.
8. How to Cancel Your Account
Contact us if you wish to have our account permanently deleted.
9. How to Contact Us
Should you have other questions or concerns about these privacy policies, send us an email- [email protected]
10. Google Analytics
We use Google Analytics to help us to understand how you use our site and tools, which allows us to know how to improve our products for your benefit. It follows your progress through the website, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. Google then stores this data in order to create reports. But don’t worry; they do not store your personal data.
Google will track your IP address, and it may be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us, and providing other services relating to website activity and Internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.