Terms and Conditions

Effective Date 01 February 2016

1. Overview

1.1 Disability Busters is a video on demand subscription service that provides its customers with access to a wide range of movies, television programs and other audio-visual content (“Content”) streamed over the internet to certain internet connected devices (“Disability Busters Service”). A list of the current supported internet connected devices can be found below (“Supported Devices”). We may change the list of Supported Devices from time to time.

Supported Devices

Apple iOS7 and above, Android – 4.2 and above, any device running a web browser including Internet Explorer v10 and above, Google Chrome v42 & above, Safari v7 & above, Mozilla Firefox v34 & above.

1.2 For certain Supported Devices, If your Supported Device is a PC, Mac or mobile device, the Disability Busters Service is accessed via the website disabilitybusters.com(“Disability Busters Website”).

1.3 Disability Busters is provided by Fertile Films Pty Ltd (ABN 37 139 996 384 )(“we”, “us” or “our”).


2. Agreement

2.1 This Agreement governs your use of the Disability Busters Service (including your use of the Disability Busters Website) and your use of the Software (as defined in clause 5.1 below). By creating an account to access the Disability Busters Service (“Account”) you agree to be bound by the terms of this Agreement.

2.2 This Agreement incorporates:
(a) your Account details;
(b) these terms and conditions;
(c) our Privacy Policy; and
(d) our Collection Statement.

2.3 We may change the terms of this Agreement at any time. We will notify you of any change prior to the date such change comes into effect via email sent to the email address you provided when creating your Account. If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 7 below.

2.4 You can contact us via info@disabilitybusters.com at any time to obtain a copy of the current version of this Agreement.

2.5 This Agreement continues month to month unless you cancel or we terminate this Agreement in accordance with the terms of this Agreement.


3. Eligibility and Access

3.1 To create an Account which will allow you to subscribe to the Disability Busters Service, you must:
(a) be at least 18 years of age;
(b) provide us with an email address;
(c) provide us with the details of a valid credit/debit card (“Valid Card”); and
(d) have a valid residential address and provide us with your postcode.

3.2 To access the Disability Busters Service, you must:
(a) set up an Account;
(b) have a Supported Device that is connected to the internet;
(d) subject to the specific terms of any Promotional Offer (as defined below), pay the monthly or annual Disability Busters Service fee in accordance with clause 4 below.

3.3 To get the most from your Disability Busters Service, you will require a minimum effective internet line speed of 3.0Mbps.


4. Payment

4.1 By creating your Account and providing us with the details of your Valid Card, you authorise us to charge your Valid Card a monthly Disability Busters Service fee at the then current monthly rate for the Disability Busters Service in accordance with this clause 4.

4.2 Your access to the Disability Busters Service may include a free trial period or other promotional discount or benefit (“Promotional Offer”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer in our absolute discretion. Promotional Offers may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, this Agreement. We may charge for Promotional Offers based on the then current monthly rate for the Disability Busters Service if we consider that the Promotional Offer is being abused.

4.3 Free trials are open to new subscribers only.

4.4 If your Account commences with a free trial period:
(a) it is your responsibility to know when your free trial period ends; and
(b) we will commence billing your monthly Disability Busters Service fees in accordance with clause 4.4 at the end of the free trial period, unless you cancel your Account before the end of the free trial period.

4.5 The monthly Disability Busters Service fees will be charged to your Valid Card in advance of each monthly or annual subscription period depending on your subscription. Your first monthly or annual subscription period starts when you:
(a) create your Account, or if your Account commences with a free trial period, immediately after expiry of your free trial period; and
(b) pay your first monthly or annual Disability Busters Service fees from your Valid Card.
At the end of the first monthly or annual subscription period and each monthly or annual subscription period thereafter, we will automatically renew your monthly or annual subscription and charge your Valid Card the monthly Disability Busters Service fees unless and until you cancel your Account.

4.6 Unless expressly stated otherwise, all Disability Busters Service fees are GST inclusive. To ensure your Valid Card is not being used fraudulently, we may validate your Valid Card with an authorisation transaction of 1 dollar ($1). This will result in the funds available on your Valid Card account being reduced by this amount. These funds are held by your card issuer. It may take some days for the validation amount to be re-adjusted on your Valid Card account.

4.7 You must ensure that the details of your Valid Card remain accurate and up to date. You can change your Valid Card details by visiting https://www.disabilitybusters.com/account.

4.8 We may increase the monthly subscription fees for the Disability Busters Service at any time by giving you at least one calendar Month’s notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).

4.9 If we are unable to collect the monthly subscription fee from your Valid Card for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Disability Busters Service without giving you notice.


5. Usage and Your Account

5.1 The Disability Busters Service, the Software and any Content that you view via the Disability Busters Service are for your personal and non-commercial use only. We grant you a limited, non-exclusive, personal and non-transferable license to:
(a) access the Disability Busters Service and view Content through the Disability Busters Service on a streaming only basis; and
(b) Provided to you by or on behalf of us in connection with your use of the Disability Busters Service (“Software”) in object code form only solely for the purpose of accessing the Disability Busters Service and viewing Content through the Disability Busters Service, subject to the terms and conditions set out in this Agreement.

5.2 You must not download (except for a temporary buffer required to overcome variations in stream bandwidth), modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Disability Busters Service, Disability Busters Website, except as expressly permitted, without our express written consent.

5.3 You must only use the Disability Busters Service (and view any Content on the Disability Busters Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.

5.4 Except for the limited licence granted under clause 5.1 above, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.

5.5 You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures employed by the Disability Busters Service.

5.7 You can only watch Content simultaneously on one(1) Supported Device.

5.8 You can view and change your Account details, including information about billing and payment by visiting https://www.disabilitybusters.com/account.

5.9 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the Disability Busters Service. Please contact your internet service provider or mobile telecommunications provider for details of your account access fees, data charges and other costs.

5.10 The quality of the display of Content, and the time it may take to commence or resume watching Content, may vary from time to time and between Supported Devices, based on factors including (but not only) your location, internet speed or bandwidth and the type of Supported Device. Not all Content is available in HD. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.

5.11 The Content on the Disability Busters Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.

5.12 You must keep your Account details private and must not share these details. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.

5.13 As a web based service, we may undertake maintenance or upgrades to the Disability Busters Website from time to time, and there may be unplanned outages to the Disability Busters Website and/or the Disability Busters App. Such maintenance, upgrades or outages may affect your ability to access the Disability Busters Service. We will use our reasonable endeavours to limit such incidents.

5.14 You must not remove any proprietary notice of us or any of our licensor from the Content, the Software or the Disability Busters Website.

5.15 The Disability Busters Service and the Software contains software that may track and capture information about your activity (including information about your viewing habits, information about Supported Devices registered to your Account, including unique device numbers, internet protocol addresses, your operating system and other information derived from the hardware configuration of such devices) and will send this information to us. We use this information for purposes including identifying the Supported Devices registered to your Account, to confirm your right to use the Disability Busters Service and to otherwise enhance and improve the Software and the Disability Busters Service. By using the Disability Busters Service, you consent to the transmission of this information.


6. Classification

6.1 Most of our content is suitable for viewing by a general audience however some episodes do refer to explicit adult concepts. Any episode that contains content that might be unsuitable for children under 15 years of age will be recommended as such in the synopsis that appears on the Disability Busters site for that episode. If you feel that one of our episodes does not have adequate warning of adult content please contact us and we will review that episode.

6.2 You are responsible for the security of your Account Password.

6.3 You are responsible for ensuring that Content classified as MA15+ is only viewed or accessed by persons 15 years and over and Content classified as R18+ is only viewed or accessed by persons 18 years and over.


7. Suspension and Cancellation

7.1 You may cancel your Account at any time by visiting https://www.disabilitybusters.com/account and clicking “Cancel your subscription”. If your Account commenced with a free trial and you cancel your Account during the free trial period, cancellation is effective immediately and your Account will be closed and your access to the Disability Busters Service will be disconnected from the date you cancel. If your Account did not commence with a free trial or you cancel your Account at any time after the end of your free trial, cancellation is effective at the end of the current monthly or annual subscription period, although your Account will be closed and your access to the Disability Busters Service will be disconnected immediately. You will not receive a refund of any fees or other amounts already paid to us when you cancel, except in the circumstances described in clause 7.2 below.

7.2 If you wish to cancel as a result us changing this Agreement in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that change. Your cancellation will be effective as of the date of the change to this Agreement, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.

7.3 We may cancel this Agreement or your Account at any time. Except as set out in clause 7.4 below, if we cancel this Agreement or your Account, you will be able to access the Disability Busters Service for the remainder of the current monthly subscription period unless we cancel this Agreement or your Account during the free trial period (if any), in which case, we will cancel your Account and your access to the Disability Busters Service immediately.

7.4 We may immediately suspend, restrict or cancel your Account or access to the Disability Busters Service:
(a) where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;
(b) if you use the Content or the Disability Busters Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors;
(c) if you breach any term of this Agreement; or
(d) if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.


8. Intellectual Property

8.1 All content on or available through the Disability Busters Service (including the Content, and all other works, subject matter and other material comprising or available on the Disability Busters Website) and the Software is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of the Disability Busters Service and Software is subject to, all relevant intellectual property laws.

8.2 We take the infringement of copyright and other intellectual property rights very seriously. We reserve the right to take all steps necessary to prevent the unauthorised copying, distribution, reproduction, transmission, communication or exploitation of the Content or the Software.

8.3 Disability Busters is a registered trademark of Fertile Films Pty Ltd. Disability Busters’s graphics and logos are trademarks of Fertile Films Pty Ltd. Disability Busters’s trademarks may not be used in conjunction with any product or service other than the Disability Busters Service. All other trademarks that appear on the Disability Busters Website that are not owned by Disability Fertile Films Pty Ltd are the property of their respective owners.

8.4 We may permit you to post or upload content, information or other material to your Account or in connection with the Disability Busters Service. You may not post or upload anything which is illegal, obscene, threatening, defamatory, which infringes any person’s rights (including without limitation intellectual property rights) or is otherwise objectionable to us. By posting any such material, you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, display, sublicense, modify, adapt and communicate that material to the public.


9. Liability

9.1 To the maximum extent permitted by law (but subject to clause 9.2):
(a) the Disability Busters Service and all Content and Software and any other features or functions associated with the Disability Busters Service, are provided “as is” and “as available” with all faults and without warranty;
(b) we do not make any promises or assurances to you about the Disability Busters Service, the Content or the Software, including without limitation that your use of the Disability Busters Service or the Software will be uninterrupted or error-free;
(c) we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Disability Busters Service, the Disability Busters Website or the Disability Busters App and we do not accept any liability in relation to your reliance on such information, advice or other content;
(d) all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Disability Busters Service or otherwise in connection with this Agreement are expressly excluded;
(e) we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Disability Busters Service (including the Disability Busters Website and the Disability Busters App).

9.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. The Disability Busters Service comes with statutory guarantees under consumer protection laws that cannot be excluded.

9.3 You are responsible for all acts and omissions of any person who uses your Disability Busters Service.

9.4 You indemnify us and our shareholders, directors, officers, employees, suppliers, content partners and licensors (each an “indemnified party”) from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with:
(a) our supply, suspension, restriction or cancellation of the Disability Busters Service or your Account; or
(b) your use of the Disability Busters Service, including in connection with any content, information or other material posted on the Disability Busters Website from your Account, or any other information you provide to us,
unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default, negligence or breach of this Agreement.


10. Privacy

10.1 We collect, store, use and disclose personal information in accordance with our Privacy Policy. By creating an Account, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy.


11. General

11.1 We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement.

11.2 You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.

11.3 This Agreement is governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.