These Terms and Conditions apply to all customers dealing with FutureMedia Pty Limited.
Concise Summary of Business Terms
1. Previews are available for an agreed period with a view to purchase. If you need more time please request an extension.
2. If it is decided to purchase, please confirm which products you require, together with a purchase order or credit card details. Please note orders over $1000 purchased on credit card are subject to a surcharge.
3. Goods in stock are normally shipped within two working days.
4. If unsuitable, please return the goods together with the packing slip by courier or registered post, at your expense. If you have received a Preview Only tape it must be returned.
5. Payment will be required for goods lost or damaged while in your possession or during return so please ensure that the goods are appropriately and securely packaged.
6. FutureMedia shall retain full title to the goods and services until payment in full has been received.
7. All Training Resources are protected by international copyright laws. Our DVDs are copyrighted and copying them in whole or in part is a direct violation of copyright laws. A reward is available for information leading to the conviction of persons who have made illegal copies of our products. The licence of use also excludes making of a back-up copy. Damaged copies may be returned and be replaced at a cost, determined by length of ownership and distribution agreements.
Complete Business Terms
Licence: The rights licensed by the Supplier as set out below
Customer: The organisation or sole trader specified in the relevant order or preview
Product: The goods supplied to customer including any accompanying materials (electronic or hard copy) supplied with such product.
Supplier: FutureMedia Pty Limited
1. Licence Terms
These are the terms and conditions ("Terms") for an agreement whereby the Customer agrees to pay for, and the Supplier agrees to supply to the Customer, one or more Products (either for sale or evaluation as specified in the order confirmation) and whereby the Supplier agrees to license such Product(s) on a
non-exclusive basis to the Customer, subject to the terms of the Licence. All rights not expressly granted to the Customer in these Terms are reserved to the Supplier.
2. Permitted Use
The Customer may use or make available the Product for education and training purposes to its officers, employees and those persons whose services are contracted principally to the Customer ("Permitted Users"). Where a Customer is a training consultant, Permitted Users shall include the consultant's bona fide clients, provided that any audiovisual or software Product remains in the possession, and under the control, of the consultant at all times.
3. Evaluation Copies
Where a Product is previewed by the Customer for evaluation purposes, the Customer may only use such Product for such purpose and shall not use or make it available to any person (including a Permitted User) except those involved in such evaluation.
4. Evaluation Time
A preview of a product should not exceed the agreed period. In the event that this preview time exceeds this period, the Customer must contact the Supplier and advise of the intended delay. An extension to the preview may be granted.
5. Restrictions on Duplication and Dealing
The Products comprise the intellectual property either of the Supplier and/or one or more third parties and are protected by law. The Customer shall not (i) copy or duplicate a Product in whole or in part (except as may be required to install a Product supplied on CD-ROM format, as specifically permitted in copies of printed materials supplied or otherwise as permitted by the Supplier in writing), (ii) edit, amend or add to a Product or incorporate it with other material, or (iii) sell, rent, lend, give or sub-license a Product (whether for reward or otherwise).
6. Other Restrictions
The Customer shall not charge an admission fee for a Product or advertise its use outside the Customer's organisation, shall only make an audiovisual Product available at any one time on a single TV or computer screen and shall not exhibit or disseminate a Product by any means of terrestrial, satellite, cable or other broadcast or by any means of network or electronic transmission without the written agreement of the supplier.
7. Acknowledgement of Orders and Cancellation
An agreement is made when the supplier accepts and confirms the Customer's order. Written acknowledgement of orders will only be given where the Customer so requests in writing or otherwise at the Supplier's discretion. Where a Product is sold to the Customer, the Customer has no right to reject the Product unless there is a technical or manufacturing defect.
The Customer shall pay to the Supplier the fee current at the time of despatch of the Product (as published from time to time by the Supplier) plus GST and postage costs (unless stated to be included in fee).
9. Payment Terms
The Supplier reserves the right to refuse credit to the Customer. The Supplier's invoice will be payable within 7 days.
The Supplier shall use reasonable endeavours to deliver the Product on the day and to the address set out in the order confirmation by such means as the Supplier considers fit. The Customer shall be responsible for all delivery costs and, in particular, any express delivery surcharge incurred by the Supplier in respect of a Product ordered less than 3 working days prior to the requested delivery date. The Product shall be deemed to have been delivered when and where due unless the Customer shall have notified the Supplier of late or non-delivery prior to the close of business on the working day immediately following the intended delivery date.
11. Risk and Care of Product
Risk shall pass to the Customer on delivery. In the case of a Product previewed by the Customer, the Customer will keep and maintain the Product safe, secure and free from all damage and will pay the Supplier the full cost of replacement or repair in the event of its loss or damage.
12. Return of Product
In the case of a Product previewed by the Customer, the Customer shall ensure that the Product is returned by the specified date at the Customer's risk and cost. The Customer is advised that no carrier will consider any claim by the Customer for loss or damage in transit unless a receipt or certificate of posting has been obtained by the Customer.
13. Late Return
In the case of a Product previewed by the Customer which is not received by the Supplier or its designated carrier on the date after the last date of the Licence, the Customer will also pay to the Supplier for each day the Product is not returned, an extra day's fee for that Product at the Supplier's current list price.
14. Term and Termination
The Licence shall continue for an indefinite period (a "purchase"). In either event, the Supplier shall be entitled (without prejudice to its other rights and remedies) to terminate the Licence if (i) the Customer commits a material breach of the Licence or these Terms, (ii) the Customer goes into liquidation or is the subject of any action or proceeding under bankruptcy or insolvency law (including the appointment of a receiver or administrative receiver) or (iii) the copy of the Product supplied becomes unfit for use whether through normal wear and tear or otherwise. On termination or expiry of the Licence, the Customer will return the Product to the Supplier within 7 days at the Customer's cost.
15. Product Warranties
Unless stated elsewhere in these terms, the Supplier makes no warranties or representations, either express or implied, in relation to the Product's completeness, accuracy, quality (other than production quality) or fitness for a particular purpose. In particular, the Customer shall be responsible for ensuring that the format in which the Product is supplied is compatible with and suitable for use in conjunction with the Customer's DVD, computer or other relevant system and otherwise fit for the purpose intended by the Customer and that it is suitably stored and/or maintained. The Supplier shall not be liable for any loss to the Customer through damage to the DVD, computer or any other system used by the Customer (including without limitation any software or data stored on such system) or otherwise resulting from the Customer's failure to ensure such compatibility, suitability or fitness.
16. Defective Products
Unless the Customer notifies the Supplier of any technical or manufacturing defect in the DVD or other format in which the Product is supplied within 14 working days of delivery and returns such Product promptly thereafter to the Supplier, the Product will be deemed to have been delivered free of any such damage or defects.
17. Liability of the Supplier
Save in respect of (i) death and personal injury arising from the negligence of the Supplier and/or its employees (ii) fraudulent misrepresentation and (iii) other liabilities whose limitation is excluded or restricted by statute, the Supplier shall only be liable for the direct loss incurred by the Customer as a result of the Supplier's failure to deliver a Product by the due date. The Supplier shall not be liable for any other loss or damage arising from or in any way connected with the supply, failure to supply, use of or inability to use a Product whether in contract, tort, negligence or under any statutory duty or otherwise including, without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss, even where the Supplier has been advised of the possibility of such loss or damage.
18. Customer's Remedies
Save as provided in Clause 16, the entire liability of the Supplier and the Customer's exclusive remedy shall be, at the Supplier's option, either the replacement of the Product ordered or a refund of the fee paid for such Product.
19. Customer's Indemnity
The Customer agrees to indemnify and hold the Supplier harmless against any cost, damage, loss, liability or expense arising out of the breach of the Licence or these Terms by the Customer or the loss, damage, alteration or modification of the Product caused by the Customer.
20. Force Majeure
The Supplier will not be liable for any loss or damage sustained by the Customer in the event that the Product is not received by the Customer on the due date by reason of war, riot, civil war, fire, flood or Act of God, strikes, labour disputes, weather conditions, transport failure or other cause whatsoever beyond the Supplier's control.
21. Restriction on Export
The Product shall not be exported by the Customer from or viewed outside the country to which it is initially delivered without the prior written consent of the Supplier.
22. No Variation
These Terms apply to the exclusion of any conditions of business used by the Customer or purported to apply under any purchase order or any other document issued by the Customer, and to the exclusion of any written or oral representation made by any person before or at the time the contract is entered into, save as agreed in writing by a duly authorised officer of the Supplier.
The Licence is personal to the Customer and the Customer's rights may not be assigned, sub-licensed, transferred, alienated or shared in any way with a parent, subsidiary, holding, associated or related company of the Customer or any other person without the express prior written consent of the Supplier.
FutureMedia resources are for informational and educational purposes only and they are not intended as a substitute for first hand knowledge of applicable acts/regulations. Because of the possibility of human error, the publisher does not guarantee accuracy, adequacy or completeness. FutureMedia is not responsible for any errors, omissions, misprinting or ambiguities contained within its resources or for the results obtained from use of such information. FutureMedia makes no representation or warranty as to the compliance of their resources with any or all applicable laws in the purchasers’ jurisdiction.
FutureMedia’s liability for any damages to the purchaser or to any other party shall not exceed the amount paid by the purchaser for the resource. In no event shall FutureMedia be responsible for any indirect or consequential damages or loss of profits, even if FutureMedia has been advised of the possibility of such damage. Some territories/states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to the purchaser.
Nothing contained within the resources is to be regarded as indicating approval or disapproval of any specific product or practice. Users should verify the information through their own qualified professional advisers. FutureMedia believes that the advice and information within the resources is accurate and reliable but no warranty of accuracy or reliability is given and no responsibility arising in any other way whatsoever for errors or omissions (including responsibility to any person by reason of negligence) is accepted by FutureMedia.
FutureMedia resources are covered by international copyright laws. Unless the resources specifically say otherwise, you must not, in any circumstance, copy them.
Copying copyright resources, leads to legal action in both criminal and civil courts of law.
You also must not show our resources to anybody not directly employed by you, lend, rent or sell them to anyone else or broadcast them in any way
If you are an organisation that needs to do something prevented by this copyright warning call FutureMedia on (02) 9279 4499 to discuss. Special arrangements and fee structures can be negotiated for most needs.