Terms and conditions
By accessing myvideohistory.com.au (“website”), becoming a member and or by placing an order you, the customer, acknowledge that you have read and understood these terms and conditions and agree to be bound by the following terms and conditions, which constitute a contract between My Video History Pty Ltd as trustee for the My Video History Trust (“My Video History”) and you.
1.1. My Video History offers a variety of different audio and video biography packages (“Packages”).
1.2. The terms of each Package are as set out on the website.
1.3. My Video History reserves the right to cease or vary the terms of any Package at any time without notice to you.
2. How the Process Works
2.1. An Agreement exists between you and My Video History once My Video History receives and accepts an order for a Package from you.
2.2. My Video History reserves the right to refuse or accept an order for a Package in its absolute discretion.
2.3. Unless otherwise agreed, you must pay My Video History a deposit of 50% of the price for the Package (“Deposit”) immediately upon acceptance of the order by My Video History.
2.4. No obligation to sell or supply the Package will arise until you have paid the Deposit to My Video History.
2.5. Upon receipt of payment of the Deposit, My Video History will arrange an initial meeting with you at a time which is mutually acceptable in order:
2.5.1. to discuss the content of the questions that will be asked by My Video History and what you wish to say during the interview as part of the Package; and
2.5.2. for you to provide My Video History with any other details reasonably required by My Video History as part of the Package.
2.6. After the initial meeting, My Video History will arrange a formal interview with you at a time which is mutually acceptable in order to record your biography.
2.7. The length of the interview and the nature in which it is recorded (i.e. audio or video) will vary depending on the type of Package.
2.8. If the interview is to be held in your home, you agree to provide My Video History (including all of its employees, agents or contractors) with access to your home as a reasonably required by My Video History in order to set up for and conduct the interview.
2.9. Once the interview is complete, My Video History will edit the audio or video footage and collate any scanned photos into a digital package.
2.10. The timeframe to complete the Package will vary depending on the nature of the Package but My Video History will use its best endeavours to complete the Package within 2 – 4 weeks of the interview being held. My Video History is not liable for any loss or damage suffered by you in the event of any delay in completing and providing the Package to you.
2.11. Regardless of the type of Package you have ordered, you agree that My Video History may allocate up to five (5) minutes of the Package for My Video History’s marketing purposes.
2.12. Upon completion of the Package and payment of the price for the Package in full, the completed Package will be delivered to you as a digital file on a boxed USB thumb drive and/or in one of the other digital format(s) set out on the website from time to time.
2.13. If at any time following completion of the interview you request that My Video History:
2.13.1. undertake additional recording; and/or
2.13.2. re-edit all or any part of the Package,
then My Video History reserves the right to refuse or accept such request in its absolute discretion. To the extent that My Video History accepts such a request then you must pay such additional fees and costs incurred by My Video History in order to carry out the additional work.
3. Prices and Payment
3.1. All prices on this website or otherwise quoted to you by My Video History are in Australian dollars and include GST.
3.2. Payment can be made via PayPal (as per the link provided on the website) or as otherwise directed by My Video History.
3.3. My Video History reserve the right to cease special offers or change prices at any time without notice.
4.2. My Video History is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures.
4.3. My Video History is not liable to you for any loss and damage caused by any viruses, cyber-attacks and malicious software that access or attempt to access your personal information held by My Video History or the website.
4.4. My Video History in no way guarantees the accuracy of information on external sites which can be accessed from links on this website. External links are provided for your convenience only.
4.5. It is the responsibility of members of our site to protect their log-in details from being disclosed to any third party.
5.1. If you are not satisfied with the quality of the Package(s) we provide please contact us by email: email@example.com
6. Limitation of Liability
6.1. My Video History does not make any warranty or representation as to the goods or services provided by My Video History other than the mandatory statutory warranties. To the maximum extent permitted by law, all other warranties and representations are excluded.
6.2. To the extent permitted by law, you agree that any liability of My Video History arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you by My Video History will be limited to:
6.2.1. if the condition relates to goods, the replacement of the goods or the supply of equivalent goods, and
6.2.2. if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
6.3. You accept all risk arising out of the use or performance of the My Video History website and any computer program that forms part of it.
6.4. To the maximum extent permitted by law, you release and discharge My Video History from all direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with your use of the My Video History website or this Agreement, including, without limitation, loss or damage caused by the negligence of My Video History.
7. Risk and Title
Risk and title in the goods passes to you upon delivery of the goods to the delivery address.
8. Licence and Intellectual Property Rights
8.1. You are licensed to use our website on your computer for your use in purchasing Packages from My Video History.
8.2. You acknowledge that you are not permitted to make any other use of the My Video History website unless given written prior authorisation by My Video History.
8.3. You acknowledge that any trademarks or logos which appear on the My Video History website are owned by or licensed to My Video History or its related corporations and that you must not do anything to prejudice the rights of the trademark owner or licence to such trademarks or logos.
9.1. My Video History makes no representations or warranties of any kind express or implied as to the operation of this website or the information, content, materials or products included in this website. You expressly agree that your use of this website is at your own risk.
9.2. To the full extent permissible by applicable law, My Video History disclaims all warranties, express or implied. My Video History does not warrant that its website, its service, or emails sent from My Video History are free of viruses or other harmful components. My Video History will not be liable for any damages of any kind arising from the use of this website including but not limited to direct, indirect, incidental, punitive and consequential damages.
9.3. You assume total responsibility for your use of the website and any linked websites. Your sole remedy against My Video History for dissatisfaction with the website or any contents is to stop using the website or any such contents.
9.4. My Video History reserves the right to do any of the following at any time without notice:
9.4.1. Modify, suspend or terminate operation of or access to the website or any portion of the website for any reason;
9.4.2. Modify or change the website or any portion of the website including prices and any applicable policies or terms; and
9.4.3. To interrupt the operation of the website or any portion of the website as necessary to perform routine or non-routine maintenance, error, connection or other changes.
9.5. You must indemnify and hold harmless My Video History or its employees, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses, claims and damages arising from:
9.5.1. any breach by you of these terms; or
9.5.2. reliance by you on any information obtained through the My Video History website.
10. Applicable Law
This website is governed by the laws of South Australia.
If any provision of these terms and conditions is (or is found to be) invalid or unenforceable, then it may be severed from these terms and conditions without affecting the validity and enforceability of any of the remaining provisions.
12.1. My Video History reserves the right at its discretion to close a customer account or cancel an order if it believes a person has breached these terms and conditions.
12.2. Should My Video History be prevented from carrying out its obligations by events beyond its control, My Video History will be excused from complying with its obligations whilst such events persist, and, at its option may elect to cancel any order without liability and refund the customer for any charges.
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