1. About the Website
(a) Welcome to olivetreemedia.com.au (the ‘Website’), which is owned and operated by Olive Tree Media Ltd (ABN 97 010 240 598) and through which Olive Tree Media Ltd provides various products and services, including video streaming, Christian media, books, videos and articles (the ‘Services’).
(b) Your access to and use of the Website, or any of its associated Services, is subject to these Terms and conditions (the ‘Terms’), which include Olive Tree Media Ltd’s Privacy Policy, which is available at https://www.olivetreemedia.com.au/privacy-policy/. Please read these Terms carefully. By using, browsing and/or reading the Website, you agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.
(c) Subject to clause 5(d), Olive Tree Media Ltd, acting reasonably, reserves the right to review and change any of the Terms by updating this page in its sole discretion to protect its legitimate business interests. However, when Olive Tree Media Ltd updates the Terms, it will, where appropriate, provide you with notice of updates to the Terms, particularly where they affect the nature of a Service provided by Olive Tree Media Ltd or the price payable for that Service. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, Olive Tree Media Ltd recommends you keep a copy of the Terms for your records.
2. Acceptance of the Terms
By using the Website, you accept and agree to the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Olive Tree Media Ltd when accessing Services through the Website.
3. Subscription to use the Services
(a) In order to access certain Services, you may first be required to purchase a subscription through the Website (a ‘Subscription’) and pay the applicable fee for the selected Subscription (a ‘Subscription Fee’). You acknowledge that Olive Tree Media Ltd has no obligation to provide the Service or Subscription to you until it has accepted and processed your order.
(b) In purchasing a Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use and purposes.
(c) Once you have purchased the Subscription, you may then be required to register for an account through the Website before you can access the Services (the ‘Account’).
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(i) Full name
(ii) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Password
(e) You warrant that any information you give to Olive Tree Media Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(f) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
(g) You must not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Olive Tree Media Ltd, being a person at least 18 years old; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Olive Tree Media Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) your access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Olive Tree Media Ltd providing the Services to you;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or
approved by the management of Olive Tree Media Ltd;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation published by Olive Tree Media Ltd or third parties may be removed from the Website without notice and, if published by you, may result in termination of the Services. Olive Tree Media Ltd reserves its right to take appropriate legal action for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
(a) Where the option is given to you, you may make payment of the Subscription Fee by way of Credit Card Payment (‘Credit Card’)
(b) All payments made in the course of your use of the Services are processed using Stripe. When making any payment in relation to your use of the Website or Services, you warrant that you have read, understood and agree to be bound by the Stripe Checkout User Terms of Service – Australia, which are available on the Stripe website: https://stripe.com/en-au/checkout/legal.
(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
(d) You agree and acknowledge that Olive Tree Media Ltd reserves the right to vary the Subscription Fee at any time but that the varied Subscription Fee will come into effect following the conclusion of any existing Subscription Period. If you do not agree to the varied Subscription Fee you may terminate this Agreement in accordance with clause 12.
6. Refund Policy
Olive Tree Media Ltd will ordinarily only provide you with a refund of the Subscription Fee in the event that Olive Tree Media Ltd is unable to provide you with a replacement product or Service, if Olive Tree Media Ltd is unable to continue to provide the Services or if the manager of Olive Tree Media Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund may be calculated with reference to the amount Olive Tree Media Ltd determines as the proportion of the value of the Services used by the Member (the ‘Refund’).
7. Copyright and Intellectual Property
(a) Unless otherwise indicated, Olive Tree Media Ltd owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features).
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Olive Tree Media Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Olive Tree Media Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Olive Tree Media Ltd.
(c) Olive Tree Media Ltd retains all rights, title and interest in and to the Website and all Services. Nothing you do on or in relation to the Website will transfer to you any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
(d) You may not, without the prior written permission of Olive Tree Media Ltd and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy and Collection Notice
Olive Tree Media Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Olive Tree Media Ltd’s Privacy Policy, which is available on the Website.
9. Linked site
You acknowledge that the Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, Olive Tree Media Ltd does not endorse and is not responsible for the content on those linked websites and has no control over or rights in those linked websites.
10. General Disclaimers
(a) Olive Tree Media Ltd is subject to the Australian Consumer Law. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to paragraph (a), and to the maximum extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Olive Tree Media Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, the Website or these Terms (including as a result of you not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Olive Tree Media Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Olive Tree Media Ltd) referred to on the Website, including (but not limited to) any loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, availability, suitability or currency of any information on the Website, the Services, or any related products (including third party
material and advertisements on the Website);
(iii) the quality of any video or streaming service made available on the Website;
(iv) costs incurred as a result of you using the Website, the Services or any of the products of Olive Tree Media Ltd; and
(v) the Services or operation in respect to links which are provided for your convenience.
11. Limitation of liability
(a) To the maximum extent permitted by law, Olive Tree Media Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Olive Tree Media Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Olive Tree Media Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) not renewing the Subscription prior to the end of the Subscription Period; (ii) providing Olive Tree Media Ltd with 30 days’ notice of your intention to terminate using the ‘Contact Us’ form on the Website; and
(iii) closing your accounts for all of the Services which you use, where Olive Tree Media Ltd has made this option available to you.
(c) Olive Tree Media Ltd may at any time, terminate the Terms with you if:
(i) you do not renew the Subscription at the end of the Subscription Period; (ii) you have breached any provision of the Terms or intend to breach any provision;
(iii) Olive Tree Media Ltd is required to do so by law;
(iv) the provision of the Services to you by Olive Tree Media Ltd is, in the opinion of Olive Tree Media Ltd, no longer commercially viable.
(d) Subject to applicable laws, Olive Tree Media Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you:
(i) breach any provision of the Terms or any applicable law;
(ii) use the Website to defame or libel Olive Tree Media Ltd, its employees or other individuals;
(iii) upload files that contain viruses that may cause damage to Olive Tree Media Ltd’s property or the property of other individuals;
(iv) post or transmit to the Website any non-authorised material including, but not limited to, material that is, in Olive Tree Media Ltd’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of Olive Tree Media Ltd’s systems or a third party’s systems or network security;
(v) adversely impact Olive Tree Media Ltd’s rights, name or reputation or violate the rights (including privacy), name or reputation of another party.
13. Indemnity
You agree to indemnify Olive Tree Media Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and the Services;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the National Director of Peacewise Limited or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia or by such other means as may be agreed.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Services offered by Olive Tree Media Ltd are intended to be used by residents of Australia. Subject to clause 14, in the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of or exercising jurisdiction in New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
17. Successors and assigns
The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.