1. Definitions

In these Terms:

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;

“Agreement” means any agreement for the provision of goods by the Supplier to the Customer;

consumer” is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if Customer is a consumer under the Agreement;

“Customer” means any person, jointly and severally if more than one, using the Website and, if applicable, also acquiring r services from the Supplier from the Website;

Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific or artistic fields;

“goods” means any goods, products etc. supplied by the Supplier to the Customer including but not limited the content uploaded onto the Website by third parties which can be downloaded;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

“services” means the Website subscription services and any other services provided by the Supplier to the Customer;

“Supplier” means Sepulona Fa’ale trading as Supasep Productions ABN 59 752 263 277;

“Terms” means these Terms and Conditions of Use and Service; and

“Website” means visual video content platform, located at www.pacificx.net.

  1. Basis of Agreement
    • Unless otherwise agreed by the Supplier in writing, the Terms apply to each and every use of the Website, by the Customer and any other user, and apply exclusively to every use of the Website by the Customer and cannot be varied or replaced by any other terms.
    • The Customer acknowledges that the Customer has been given a reasonable opportunity to review these Terms and that by visiting the Website, uploading any content onto the Website or downloading any content from the Website, software, data feeds, and services provided to the Customer on, from, or through the Website, the Customer agrees to the Privacy Policy of the Supplier and engages in the Supplier’s Service and agrees to be bound by the Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
    • These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, Customers, merchants, and/ or contributors of content.
    • Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, each Customer agrees to be bound by these Terms. If the Customer does not agree to all of the Terms, then such Customer may not access the Website or purchase any goods or services from the Website. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
    • Each upload or download of content to and from the Website, creating of the profile on the Website or any other access to the Website is subject to these Terms.
    • Although the Supplier may attempt to notify the Worker when major changes are made to these Terms, it is the Worker’s obligation to periodically review the most up-to-date version of these Terms. Any variations or amendments will apply to immediately from the notice date.
  2. USE OF WEBSITE
    • Apart from downloading the content which is allowed to be downloaded from the Website, the Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the goods or services provided or sold or any part of the Website without express written permission provided by the Supplier.
    • The Customer may be able, through hypertext or other computer links, to gain access to other Websites operated either by the Supplier, its affiliates or other third parties (“Linked Websites”).  Unless otherwise specified, the Linked Websites are not under the Supplier’s control.  The Linked Websites may have different terms of use and privacy requirements.  Unless otherwise specified, the Supplier is not responsible for the content of any Linked Websites, or any changes or updates to such Websites.  The Supplier provides these links for the Customer’s convenience only.  The Customer links to any such Linked Websites at its own risk.  The Supplier is not a party to any transaction between the Customer and a Linked Website.  Unless specified, the Supplier does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Websites.
    • The Supplier does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information or content available on the Website (“Information”) or that it is suitable for the Customer’s intended use.  The Information is provided by the Supplier in good faith on an “as is” basis without warranty of any kind.
    • The Supplier does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.  The use of this Website and the Information is at the Customer’s own risk.
    • The Supplier makes no warranties, guarantees or representations that the material in this Website will not cause damage or that the material is free from any computer virus or other defects.  It is the Customer’s responsibility to complete a virus check on any Information downloaded.
    • All warranties, representations and statutory guarantees and any liability which may arise in relation to the Customer’s or any user’s access to or use of this Website or the Information is expressly excluded to the maximum extent permitted by law.
    • The publication of the Supplier’s email addresses on this Website is to facilitate communications relating to the goods or services supplied by the Supplier.  It must not be inferred as consent by the Supplier to receive unsolicited commercial electronic messages.
    • The Website may contain cookies.
    • The Customer acknowledges that they must be 18 years of age or must possess parental or legal guardian consent to use or purchase from the Website and the Customer hereby undertakes that the Customer is either 18 years of age or possesses parental or legal guardian consent. The Customer further affirms that the Customer is over the age of 13, as the Website cannot be used by children under the age of 13 years old. If the Customer is under 13 years of age, then the Customer must stop using the Website or the Services.
    • Through Website subscription, the Customer will be able to register and post content on the Website and interact with that content including but not limited being able to comment, add friends, send private messages, etc.
    • The Supplier may, at any point, add advertising to the Website.
  3. CUSTOMER ACCOUNTS
    • In order to access some features of the Website, the Customer will have to create an account. The Customer must never use another person’s or company’s account without permission.
    • When creating the account, the Customer must provide accurate and complete information. The Customer warrants all the information, including financial information, provided to the Supplier is complete and accurate. The Customer acknowledges that the Supplier will rely on the information when making a decision whether to provide the credit facility.
    • The Customer is solely responsible for the activity that occurs on its account, and must keep their account password secure. The Customer must notify the Supplier immediately of any breach of security or unauthorized use of the account.
    • Although the Supplier will not be liable for any of the Customer’s losses caused by any unauthorized use of their account, the Customer may be liable for the losses of the Supplier or others due to such unauthorized use.
  4. USE OF WEBSITE BY THE CUSTOMER
    • The Supplier agrees to grant the Customer permission to access and use the Website and all of the Supplier’s services available on the Website, provided that the Customer agrees:
      • not to distribute in any forum or medium any part of the content of the Website without the Supplier’s prior written authorization, unless the Supplier makes available the means for such distribution through functionality offered by the Website;
      • not to change or modify any part of the services offered by the Supplier;
      • not to access content of the Website through any technology or means other than those explicitly authorized by the Supplier;
      • not to use, without the prior written approval, any of the Supplier’s services for commercial uses, including but not limited to the sale of advertising, sponsorships, or promotions placed on or within the Website; the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing the content delivered via the Supplier’s services, unless the material not obtained from the Supplier appears on the same page and is of sufficient value to be the basis for such sales and the sale of access to the Website.
    • The prohibited commercial uses do not include uploading original videos to the Website, maintaining an account on the Website by the Customer.
    • The Customer must at all times whilst using the Website comply with all applicable laws.
    • The Supplier reserves the right to discontinue any aspect of the service at any time or remove any content contained on the Website.
    • The Customer’s permission to access and use the Website and all of the Supplier’s services available on the Website is subject to the Customer acknowledging and agreeing that:
      • the content on the Website and all trademarks and logos are owned by or licensed to the Supplier, subject to copyright and other intellectual property rights under the law.
      • the content on the Website is provided to the Customer on as is basis and for information and personal use only.
      • no content is to be downloaded unless a download link is provided.
      • the Customer must not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of the Supplier or the respective licensors of the content. The Supplier reserve all rights not expressly granted.
      • the Supplier is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any of the content on the Website.
      • the content may be objectionable, offensive, inaccurate or indecent, and the Customer waives any legal or equitable rights or remedies the Customer has or may have against the Supplier with respect thereto, and, to the extent permitted by applicable law.
      • the Customer agrees to indemnify and hold harmless the Supplier, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to the use of the Website.
  1. CUSTOMER Content
    • If the Customer wishes to upload any content, the Customer will submit the information to the Supplier and the Supplier will amend the Website.
    • User comments of the Customer are included as and will be considered as content of the Customer uploaded onto the Website for the purpose of these Terms.
    • The Supplier may, in its absolute discretion, remove any content loaded by the Customer onto the Website and the Customer acknowledges and agrees that the Supplier will not be liable in any way for removing any of the content of the Customer or loaded onto the Website by the Customer.
    • The Customer will be solely responsible for any content loaded by the Customer onto the Website and any consequences arising from it. The Customer guarantees, represents and warrants that the Customer either owns or has the required licences, consents, permissions and rights to use and publish the content uploaded by the Customer.
    • The Customer licenses to the Supplier all patent, designs, trademarks, trade secrets, copyright or other proprietary rights in and to any content published by the Customer onto the Website under these Terms, as amended from time to time and grants the Supplier a worldwide, non-exclusive, royalty-free, sublicenseable and transferable licence to use, distribute, reproduce, display, publish, adapt, make available online or electronically transmit any of the Customer’s content in connection with the Website and any of the Services of the Supplier in any media formats and through any media channels.
    • The Customer acknowledges and agrees that even if any of the content uploaded by the Customer is deleted, the Supplier will retain, but, if deleted, not display or distribute server copies of any content that has been removed or deleted.
    • The licences granted by the Customer in this clause are perpetual and irrevocable.
    • The Customer warrants that any content uploaded by the Customer onto the Website will not contain third party copyrighted material or material that is subject to other third party proprietary rights, unless full permission has been obtained from such third parties.
    • The Customer acknowledges that there may be lead time from when the Customer uploads any contents onto the Website and such content becoming visible and available on the Website and the Supplier disclaims any liability for any delay in the uploading of the Customer’s content.
    • The Supplier will not be responsible for or endorse any of the Customer’s content submitted to the Website and hereby expressly disclaims any and all liability in connection with any Customer or third party content uploaded to or contained on the Website.
    • The Supplier has an absolute discretion to remove any content or a Customer profile loaded onto the Website.
  2. LIMITATION OF LIABILITY AND DISCLAIMER
    • The Supplier will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Website.
    • Under no circumstances will the Supplier be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.
    • Except as these Terms specifically state, or as contained in any express warranty provided by the Supplier, the agreement for the supply of the Services from the Supplier to the Customer does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
    • The Supplier will not be liable if any minor (person under the age of 18 years old) uses the Website and makes any purchases.
    • Any use of the Website or the Services will be at the Customer’s or user’s sole risk and the Supplier, its officers, directors, employees and agents disclaim all liability and exclude any warranties to the full extent permittable by law, express or implied, in connection with the use of the Website or the Services by the Customer or the user of the Website.
  3. Pricing AND PAYMENT
    • For any paid content or any Services, prices quoted for the supply include GST and any other taxes or duties imposed on or in relation to the goods and services.
    • The Customer must make payment upfront with a VISA or MasterCard.
    • Payment terms may be revoked or amended at the Supplier’s sole discretion immediately upon giving the Customer written notice.
    • The time for payment is of the essence and all invoices should be paid on or before the due date.
  4. Payment Default
    • If any services or goods are to be paid on the invoice issued, and the Customer defaults in payment by the due date of any amount payable to the Supplier, then all money which would become payable by the Customer to the Supplier at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and the Supplier may, without prejudice to any of its other accrued or contingent right :
      • charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until the date of payment in full;
      • charge the Customer for, and the Customer must indemnify the Supplier from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover any goods;
      • cease or suspend supply of any further goods to the Customer; and
      • by written notice to the Customer, terminate any uncompleted contract with the Customer.
    • Clauses1(c) and (d) may also be relied upon, at the Supplier’s option, where the Customer is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally or where the Customer is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
  5. Passing of Property
    • Until the Supplier receives full payment in cleared funds for all goods or Services (to be) supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer:
      • title and property in all goods remain vested in the Supplier and do not pass to the Customer;
      • the Customer must hold the goods as fiduciary bailee and agent for the Supplier, and must keep the goods separate from its goods and maintain the Supplier’s labelling and packaging;
      • the Supplier may, without notice, enter any premises where it suspects the goods are and remove them, notwithstanding that they may have been attached to other goods not the property of the Supplier, and for this purpose the Customer irrevocably licenses the Supplier to enter such premises and also indemnifies the Supplier from and against all costs, claims, demands or actions by any party arising from such action.
  1. Performance of Agreement
    • Any period or date for delivery of goods or Services stated by the Supplier is an estimate only and not a contractual commitment.
    • The Supplier will use reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
    • The Supplier’s delivery records will be prima facie proof of delivery of the goods to the Customer.
  2. DeliverY
    • Subject to clause 12.5, the Supplier will arrange for the delivery of the goods and the Services to the Customer.
    • For any physical goods purchased, if applicable, the Customer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the goods to the Customer to the point of delivery.
    • The Supplier may make part delivery of goods and the Supplier may invoice the Customer for the goods provided.
    • The Customer indemnifies the Supplier against any loss or damage suffered by the Supplier, its sub-contractors or employees as a result of delivery, except where the Customer is a consumer and the Supplier has not used due care and skill.
    • Delivery is deemed to have taken place once a confirmation has been entered into the Supplier’s system, or a delivery docket is signed by the Customer. If delivery is attempted and is unable to be completed, the Customer is deemed to have taken delivery of the goods.  The Customer is liable for any re-postage charges if the goods are returned to the Supplier payable on demand.
    • If any goods delivered are damaged, the Customer must notify the Supplier within 24 hours of receiving the goods in order to be eligible for either a resupply or a refund, at the sole discretion of the Supplier.
    • If there has been a non-delivery in relation to the goods ordered, the Customer must notify the Supplier within 48 hours of such non-delivery.
  3. REFUNDS
    • The Supplier will accept return of goods for a full refund within 7 days of purchase but the Customer will be responsible for postage of such goods and ensuring that the goods are in original undamaged condition, otherwise the Customer will not be entitled to a refund.
    • In the event that the goods are damaged in transit, the Customer must notify the Supplier within 24 hours of receiving the goods and provide the Supplier with photographs of the damage. The Supplier will then provide instructions to the Customer on returning such goods and obtaining a replacement or a refund, at the sole discretion of the Supplier.
    • To the extent permittable by law, no refunds will be given in regards to any Services provided.
  4. Liability
    • Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or Services, the Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or any contractual remedy for their failure.
    • If the Customer is a consumer nothing in these Terms restricts, limits or modifies the Customer’s rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
    • If the Customer on-supplies the goods to consumer (whether or not they are used up by the Customer in the course of manufacture):
      • if the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of the Supplier’s liability to the Customer;
      • otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of the Supplier’s liability to the Customer;
        • howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods by the Customer or any third party.
      • If clause 14.2 or 14.3 do not apply, then other than as stated in the Terms or any written warranty statement the Supplier is not liable to the Customer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods by the Customer or any third party.
      • The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
      • The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, in relation to any perishable or consumable goods.
      • The Customer acknowledges that it has not relied on any advice, recommendation, information or assistance provided by the Supplier in relation to the goods or their use or application and it has not made known, either expressly or by implication, to the Supplier, if applicable, any purpose for which it requires the goods and it has the sole responsibility of satisfying itself that the goods are suitable for the use of the Customer.
      • Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
  1. CREDIT INFORMATION AND PRIVACY
    • The Customer acknowledges that certain items of information in provided to the Supplier may be disclosed to a credit reporting agency.
    • By creating the account with the Supplier, the Customer authorises the Supplier to obtain consumer and/or commercial information permitted by the Privacy Act from a credit reporting agency and to use such information for the purpose of collecting overdue payments relating to commercial credit owed by the Customer. This authority remains in force for the duration of the Customer’s account with the Supplier and until all moneys owed have been repaid.
    • The Supplier may collect, use, store, record and transmit the Customer’s personal information entered on this Website.  For further details, please refer to the Supplier’s Privacy Policy.  All Customers’ continued use of the Website and provision of Customer’s personal information constitutes approval for the Supplier to deal with the Customer’s personal information.
  2. Force Majeure
    • The Supplier is not liable in any way howsoever arising under the Terms to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, the Supplier may suspend any orders with the Customer and terminate the Terms by written notice to the Customer.
  3. Title, Intellectual Property Rights AND COPYRIGHT
    • The Customer acknowledges and agrees that:
      • the Supplier owns all the Intellectual Property, copyright, Website and all the contents of the Website;
      • the Customer will not acquire any interest in the Intellectual Property, including the Website and any of its contents, goods or services; and
      • acknowledges and agrees that all content, coding, graphics, design, goods and services and Information available on the Website are protected by copyright, trade mark or other Intellectual Property rights and laws and remains the property of the Supplier or third party suppliers as the case may be.
    • The Customer further acknowledges that the use or duplication of the Intellectual Property in any other way other than as approved and agreed to by the Supplier would constitute a breach of the Supplier’s Intellectual Property rights and would be a fundamental breach of these Terms. However, the Customer may download and print these Terms and the Privacy Policy for its personal non-commercial use.
    • These Terms and any rights and licences granted under these Terms may not be transferred or assigned by the Customer but may be assigned by the Supplier without restriction.
    • © Sepulona Fa’ale trading as Supasep Productions ABN 59 752 263 277. All rights reserved.
    • All trade marks and trade names which appear on the Website are proprietary to the Supplier and/or its affiliates.  Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights.  Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
    • If the Customer is a competitor of the Supplier and the Customer creates documents, goods or services similar to those of the Supplier for the purpose of providing them to third parties, whether these third parties are business users or domestic users, the Supplier expressly excludes and does not permit the Customer to use or access the Website, to use or download any documents or any information, including the Information, from the Website or any other source. If the Customer breaches the Supplier’s Intellectual Property rights by using the Supplier’s documents, goods, service or the Information, the Customer will be liable for any loss that the Supplier may incur. The Supplier will hold the Customer accountable for all profits that the Customer might make from using the Supplier’s Intellectual Property.
    • The Supplier reserves the right to deny access to the Website, the goods, the Services or the Information to any person or business.
  4. Miscellaneous
    • The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
    • The Supplier’s failure to enforce any of these Terms shall not be construed as a waiver of any of the Supplier’s rights.
    • If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
    • A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting.  Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
  5. How to Contact the Supplier
    To contact the Supplier – please go to “Contact Us” page.