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Terms & Conditions


Terms of Use

Welcome to FMTV!

We know it’s not much fun, but it’s important that you read this Terms of Use page because these conditions apply to your use of FMTV Services, FMTV applications, website and media streaming services (Services).

If you don’t like what you see or you don’t agree to the Terms of Use, we will be really sad to see you go, but please stop using our Services because your continued use means you agree to, and accept these Terms of Use.

Our Privacy Policy, along with any other terms and conditions that appear in or are linked to our Website, also form part of these Terms of Use.


What is FMTV?

FMTV is brought to you by Food Matters TV Pty Ltd and our related companies (we, us, our). FMTV is a subscription service that provides our subscribers with access to an amazing range of films, programs and other audio-visual entertainment (Content) which can be streamed directly to compatible televisions, computers, phones, tablets and other devices (Devices).

FMTV Subscription

To access the full range of our Services you will need to sign up as an FMTV subscriber (Subscription).

Amongst other things, Subscription gives you full access to the FMTV Content. You can select either monthly Subscription or annual Subscription. We will charge you a fee either monthly or annually for your Subscription depending on which option you select when signing up (Subscription Fee).

Subscription will commence on the day you first pay your Subscription Fee and will expire one calendar month thereafter for a monthly Subscription, or twelve months thereafter for an annual Subscription. Your Subscription will automatically renew for the same term upon expiry unless terminated in accordance with these Terms of Use.

The Subscription Fee is currently:

Monthly Subscription FeeAnnual Subscription Fee
10 days free then $9.95 per month10 days free then $99.00 per year

Some Subscriptions may come with special offers, discounts or different terms to those disclosed in the Terms of Use (Offers). If any Offers apply to your Subscription these will be communicated to you when signing up. You can find specific details regarding your Subscription by clicking on the ‘My Profile’ link on the FMTV website (My Profile).


Billing

On signing up for Subscription, you must provide us with a current, valid, accepted method of paying the Subscription Fee (Payment Method). We currently only accept Paypal, Visa and MasterCard. Your Payment Method can be changed through My Profile.

By signing up for Subscription and providing us with a Payment Method you authorise us to automatically charge you the Subscription Fee via the Payment Method.

The Subscription Fee is charged in advance via direct debit monthly or annually (depending on which Subscription you selected), on the date corresponding to the date on which you initially commenced payment for your Subscription (Billing Date). Your Billing Date can be found via the ‘View Billing Details’ section of My Profile.

We may vary your Billing Date without notice at times to account for:

You may download a tax invoice for payments in the ‘My Account’ section.

The issuer of your Payment Method may charge you a foreign transaction fee or other charges for payment of the Subscription Fee if you are not based in Australia.

The Subscription Fee is inclusive of all other fees and taxes (if applicable).


Termination by you

You can terminate your Subscription at any time by sending written notice to info@fmtv.com or through My Profile.

You will still have full access to the Services and be required to pay for your Subscription until the next Billing Date.

For example, if you have an annual Subscription you will still have full access to the Services and be required to pay for your Subscription until the anniversary of the date you first paid for your Subscription.

You need to terminate your Subscription at least three clear days before the next Billing Date otherwise your Subscription will automatically renew for the same term.

For example, if you first paid for a monthly Subscription on the 7th of October, you need to let us know that you are terminating your Subscription by the 3rd of November otherwise you will have to pay for the Subscription up until the 6th of December.

You will not be charged Subscription Fees if you terminate your Subscription before your 10 day free trial expires.


Termination by us

In addition to other rights we may have, if you do not pay your Subscription Fees, we suspect you or a third party are using the Subscription or Services improperly (such as by sharing your Subscription with multiple people or posting inappropriate comments), or illegally or if you otherwise do not comply with these Terms of Use, we reserve the right to immediately terminate or suspend your Subscription and access to the Services without notice to you. We will not be liable to you for any loss or damage as a result of termination or suspension and you will still be responsible for paying any outstanding Subscription Fees to us unless we advise otherwise.


Refunds

If you terminate your Subscription within 90 days of the date you made your first Subscription Fee payment (Sign Up Period), we will give you a full refund.

Refunds will only be paid if requested via an email to info@fmtv.com received by us within the Sign Up Period.

If you terminate your Subscription after the Sign Up Period we will generally not provide any refunds unless required by law.

Subscription Terms

By signing up for a Subscription, you accept and agree that:

  1. you must be at least 18 years of age, or the age that you are considered an adult in your country;
  2. all the information you have provided us in relation to your Subscription is true and accurate and you will inform us of any changes;
  3. you will only access the Services for your own personal, non-commercial use under a limited, non-exclusive, personal and non-transferable license which we hereby grant to you during your Subscription in order to stream the Content;
  4. you will only stream the Content on up to five Devices in total;
  5. you will use the Services and Content in accordance with all applicable laws and regulations. In particular, we need to protect the rights of our amazing filmmakers so that they can keep producing quality work in the years to come. This means that you must not download (other than through caching necessary for personal use), reproduce, distribute, modify, display, publicly screen, perform, publish, license, create derivative works from, offer for sale, or use the Content (except as expressly authorised in these Terms of Use), without our permission;
  6. you will not attempt to do any of the following:
    1. circumvent, remove or alter any digital rights management, anti-piracy or other protective measures used in connection with the Services and Content;
    2. decompile, reverse engineer or disassemble the Services or manipulate, impair or disable the Content or Services in any way; or
    3. attempt to bypass any technology which prevents access to the Content in certain geographic locations;
  7. we may use any comments, information, ideas, reviews, techniques or any other material contained in any communication you may send to us or post on the Services (User Content), without payment to you, for any purpose whatsoever including, but not limited to, marketing, product development and improving the Services. In addition, you agree not to enforce any moral rights in and to the User Content, to the extent permitted by law;
  8. your User Content must not be defamatory, misleading, harassing, illegal, false, obscene, threatening, pornographic, hateful, racially or ethnically offensive or infringe on the rights of third parties;
  9. you are solely responsible for your User Content;
  10. we may remove your User Content without notice;
  11. on some Devices, you will need to install the FMTV application or third party software to access the Services and Content. Any software you install in connection with the Services may update from time to time without notice and may vary in functionality across Devices.

Content

The quality, availability and speed of delivery of streamed Content via the Services may vary from time to time due to a number of factors such as:

  1. your internet connection – an internet connection is required to access the Services. Bandwidth and data limits may vary depending on your provider. You are responsible for establishing an internet connection and for all internet access charges;
  2. your location - the Content is only available in, and may vary between, the countries in which we offer the Services;
  3. Content changes - we are frequently updating our database to bring you the latest and greatest Content. Accordingly, the Content may vary from time to time without notice;
  4. your Device/s – you are responsible for ensuring your Device/s are compatible with the Services and Content. Note that compatibility may change from time to time.

The Services, including the Content, may contain opinions, advice, website links and promotional offers in connection with or provided by third parties and third party software may be required to access the Services or Content (Third Party Content). Please note that we are not responsible for any Third Party Content and your use and reliance on Third Party Content may be subject to terms and conditions set by that third party. We do not necessarily endorse, control, sponsor or approve of any Third Party Content, especially medical tests, practitioners, products, procedures or treatments, and you use and rely on any Third Party Content at your own risk.

Any information provided via the Services is for your general information only and is not intended to be a substitute for independent professional advice, particularly medical advice, diagnosis or treatment. You should always consider your own circumstances and use your own judgement in deciding whether to rely on any information obtained from the Services. You should always seek advice from a qualified medical practitioner for health issues. Contact your doctor or emergency services if you think you may have a medical emergency.

Protecting your Subscription

All rights attaching to a Subscription you created are granted to you only. You must not give your password to anyone else. You are responsible for any use of your Subscription by a third party.

To prevent other people from contacting us and making unauthorised changes to your Subscription, you should not give any details of your Subscription or Payment Method to anyone else.

We will never ask for Payment Method details via email. Always access your sensitive Subscription information by going directly to My Profile and not through a hyperlink in an email, even if it looks official.

You should de-activate your Subscription if your Device is lost or stolen. To deactivate a Device, follow the instructions on My Profile.


Let’s stay in touch

If we need to get in touch with you, we will usually send an email to the address you provided when you signed up for the Subscription or a message via My Profile. Make sure you check both of these communication methods because this is how we will send important information like transaction confirmations, payment authorisations and password change requests. Any electronic communications given by us should be treated as notice given in writing.

We will also send you information such as FMTV newsletters, special offers, surveys and promotional announcements via email, My Profile or otherwise. If you’d rather not receive this stuff you can opt out via the ‘Email Preferences’ section of My Profile on the FMTV website.

Other ways you can get in touch with us include:

  1. sending an email to info@fmtv.com;
  2. using our Contact Us page; or
  3. using our 24/7 Live Chat Support feature of the Website.

Subscriber Support

If you need help with your Subscription, you can click on the ‘Help’ link or ‘Live Chat Support’ feature on the FMTV website. You can also reach us via any of the contact options above.

In certain instances, our support team may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.

We may involve your Subscription in testing various aspects of the Services and our support systems from time to time, which you may opt out of via an email to us at info@fmtv.com or a message through My Profile.


Liability

Our goal is to provide you with the best range of health and wellness content possible. We are constantly working to achieve this, however we cannot promise that everything will be perfect all of the time.

The Services and Content are provided ‘as is’ and ‘as available’ with all faults and without warranty. Accordingly, to the maximum extent permitted by law, we do not guarantee, represent or warrant to you that the Services or the Content:

  1. are provided error-free or uninterrupted;
  2. are or will remain compatible with any Device/s;
  3. are or will remain available in your location; or
  4. provide accurate, reliable, suitable or complete advice or information;
  5. are monitored or protected from User Content or Third Party Content that may be in breach of these Terms of Use or applicable laws; or
  6. that the Services are free of viruses or other spyware that could damage your Device/s.

We disclaim all liability for any loss or damage (including, but not limited to, special, indirect, consequential loss or damage or loss of profits) howsoever arising directly or indirectly in connection with items a - f above and the use of the Services and the Content by you or any third party.

These Terms of Use do not limit any non-waivable rights that you may be entitled to under the laws of the country you reside in. In Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You may be entitled to a resupply or refund for a major failure of the Services. You may also be entitled to compensation for any reasonably foreseeable loss or damage caused by a failure of the Services. Where permitted by law we limit our maximum liability in relation to the Services and Content to a refund of any Subscription Fee paid.


Indemnity

You indemnify us from and against any loss, damage, costs (including legal costs), expenses or other liability arising out of any claim or demand against us in connection with your Subscription, User Content or your use of the Services or Content. The indemnity given by you is limited to the extent that any negligence or breach of these Terms of Use by us has contributed to the liability arising.


Miscellaneous

If any provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

In the event of any conflict between these Terms of Use and any information provided by our support team, the Services or otherwise, these Terms of Use will prevail.

These Terms of Use are governed by the laws of Queensland, Australia.


Copyright

The Content and Services are our property, or, where applicable, the property of third party filmmakers, content partners and licensors who we work with. All intellectual property rights in the Content and Services are reserved accordingly, aside from the limited personal licence which has been granted to you in these Terms of Use. FMTV, Food Matters and Food Matters TV are our registered trademarks.

We take copyright protection very seriously. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or if you are aware of any infringing material available through our Services please notify us via our Contact Us page.

We do not accept unsolicited materials or ideas for content - please do not send them to us. Because we do not read unsolicited materials we need to protect ourselves in case we come up with an idea that is similar to yours. Accordingly, should you send any unsolicited materials or ideas, you do so with the understanding that no payment of any sort will be provided to you, and you are waiving any claim against us regarding the use of such materials and ideas, even if we implement an idea or material that is substantially similar to what you submitted to us.


Changes

Sometimes we might make changes to these Terms of Use and the Services.

If we make changes that are directly related to your Subscription (specifically Subscription Fees, Refunds and Termination), we will let you know by email at least 30 days before the changes take effect so that you may terminate your Subscription in accordance with these Terms of Use if you are not happy with them (this will also apply if you have an annual Subscription).

If we make any other changes to the Services then we may do this without notice to you. You should regularly review these Terms of Use to keep up to date with the latest changes as they will apply to your continued use of the Services.


Linking to us

Please contact us via our Contact Us page if you would like to place a link to our FMTV website on your page.


Finito!

If you made it this far and are still awake – congratulations! Reward yourself by making a nice smoothie, then sit back, relax and take in one of our inspirational films.

We know these things can be a bit wordy, so please do not hesitate to contact us should you have any questions about these Terms of Use.

Last updated 23rd November 2016