Terms and Conditions

[last updated January 2023]

When you use any of our websites, you agree to be automatically bound by these terms and conditions, including our privacy policy, collectively referred to as ‘terms’. These terms together with our privacy policy form the entire agreement between us when using any of our websites. We encourage you to carefully read and understand these terms before using our websites or any of our services.  If you do not agree with these terms, your remedy is to stop using our website and the connected services.

We may update our terms from time to time and the new provisions will apply from the date they are updated. Please regularly check here for any updates before you make any purchases or engage our services.

The following websites https://captivatemedia.com.au/, https://dancefilms.com.au/, and https://captivatestudios.com.au/ are made available by Tim O’Brien of Captivate Media and Captivate Studios, ABN 37 285 718 031.

When you see the words, ‘us’, ‘ours’, ‘we’, ‘Captivate Media’, or ‘Captivate Studios’ these are referring to Captivate Media as owned and operated by Tim O’Brien. You can contact us on the details provided below. When we refer to ‘our website’, we mean all websites, including this one, that are owned and operated by us. Our website can also include all forms of digital media and expression, such as social media pages, platforms, email communications, blogs, images or information published on our websites.

We may refer to you as ‘you’, ‘your’, ‘client’, or ‘customer’ and we mean you, the person or business who is engaging our services, using the websites and any additional features.

Feedback, comments or complaints

If you have any questions, please contact us using the following details, and we will usually respond to all enquiries within fourteen (14) business days.

Our contact details:

Payment

Your purchase will be confirmed once we have received payment in full. All payments must be made in Australian dollars and are inclusive of Goods and Services Tax (GST).

Payment is made at the checkout, via any of the methods displayed, including credit card payment. We use trusted third-party payment processors and do not retain your payment details. Please note that there may be a surcharge applicable based upon your chosen method of payment. For more information about how we handle your personal information, read our privacy policy.

When you agree to make payments by direct deposit, you agree to our direct deposit terms. This includes the payment must show as cleared funds in our bank before you can receive your purchased items. Any bank fees and charges incurred due to your error or omission remains your sole responsibility.

Interest will be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (compounding monthly).

You agree to pay any costs and disbursements incurred by us in pursuing any outstanding debt, including legal costs on a solicitor and own client basis and debt collection agency costs. All debt collection agency costs will be passed on to you in the event of non-payment subject to applicable laws.

Refunds and returns

Refunds and returns will be made in accordance with Australian Consumer Law.

Due to the digital nature and immediate access to our products, we do not offer refunds for purchase of our digital products.  You will retain indefinite access to your purchased content from the date of purchase.

We are not required to provide a refund or replacement if –

• you change your mind or
• you don’t use the product or don’t use all of the product or
• you are unable to download any part of the product due to technical issues within your control.

Please keep your proof of purchase—eg. your receipt or order number.

You can choose a refund or exchange if a product has a major problem. This is when the product can’t be easily fixed and –

• has a problem (within our control) that would have stopped someone from buying the product if they had known about it
• is significantly different from the sample or description.

If the problem is not major, it is our decision whether we provide a replacement or refund. Please note that we perform quality checks on all our DVDs recordings before we distribute them. It is not classified as a major problem if we have encountered technical difficulties outside of our control, such as sound, lighting, or venue specific issues at the time of filming or photographing your event.

To notify us of a fault

Within 3 business days of the date of purchase, you must tell us about the fault and include the following information –

• date of purchase and receipt or order number
• product purchased
• problem with the product

Where the faulty product was purchased as part of a pack or multi-product order, we will only provide a replacement or refund of the then advertised price of the faulty product, and not the whole pack or order.

No unlawful or prohibited use

You warrant that you will not use our websites for any purpose that is unlawful or prohibited by these terms and understand that this is an express condition of your use of our websites. You may not use our websites in any manner which could damage, disable, overburden, or impair our websites or interfere with any other party’s use and enjoyment of any of our websites. You agree not to hack into areas of our websites that are not intentionally made available to you.

You expressly agree not to:

• use our websites as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business
• engage in any internal or external spamming, or other similar actions
• engage in any unlawful or immoral acts, or acts which are in violation of these terms
• decompile, reverse engineer, or try to copy or imitate our websites or underlying content

Links disclaimer

Any of our websites may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Promoted Services – disclaimer

If we promote third party products or services via our websites it is because they have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing any third party products or services.

Copyright, Trademarks and other Intellectual Property

Tim O’Brien owns the intellectual property rights in the contents of our websites, or has permission to use or display the material on all of our websites. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please contact info@captivatemedia.com.au if you require permission to reproduce any of the contents of our website.

Images and item descriptions posted on our websites by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on our websites may be the trademarks of their respective owners.

Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission.  You agree not to change or delete any copyright or proprietary notice from materials downloaded from our websites or any site accessible through our websites.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

Copyright infringement

If you believe that there is material on our website that infringes third party intellectual property rights, please contact us on the above contact details, with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Testimonials

You agree that if you provide your testimonial to us, you grant us permission to use it on our website and in our promotional materials, including any advertising campaigns. We may use completed film, behind-the-scenes photographs, interactive media and edited images for showreel and advertising.  You may or may not receive any reward or remuneration from us for providing us with your testimonial.

Security

Security is important to us, and we make great efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your device or computer.

We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. We do not warrant that our online services (if applicable) is free from viruses, malware or similar damaging code. You are encouraged to install and maintain the latest update of security software on your computer or device before using our website or downloading any of our content or materials.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time. It is your responsibility to provide stable and secure internet access to view some of our services, as applicable.

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our websites in any way, subject to the requirements of Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of our websites or the services found on our websites.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

• any content you post via our websites
• your unauthorised use of our websites, or products or services included or advertised on any of our websites
• your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of any of our websites.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent in writing to the contact email address listed above. We may provide notice to you via email or other electronic means.

Use of our websites is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our websites are unauthorised, it is your responsibility to stop using our websites.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us from your use of any of our websites.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our websites, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue in effect.

End.