These terms and conditions (”Terms and Conditions”) apply where a Customer (”you”, “your”) purchases Content from Working Dog on the Platform (”we”, “us”, “our”).
1. Australian Consumer Law
1.1. These Terms and Conditions include all those statutory rights you may have under applicable laws, including those arising under the Australian Consumer Law, which we are not capable of excluding, restricting or modifying (Non-Excludable Rights). These Terms and Conditions are subject to, and will not apply to the extent that they exclude, restrict or modify, such Non-Excludable Rights.
1.2. The following mandatory text applies to all consumers:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2. Agreement
2.1. By purchasing Content on the Platform, you acknowledge and agree that you have read and understood these Terms and Conditions and agree to abide by them in relation to your use of the Content and the Platform.
2.2. Unless we otherwise agree in writing, these Terms and Conditions are the only terms and conditions which apply to your purchase and use of the Content and Platform and supersede any prior agreement or understanding between us.
2.3. We may update these Terms and Conditions from time to time by publishing an updated version to the Platform, and such updated version will apply to all purchases made after they are published. It is your responsibility to check the Platform for the applicable Terms and Conditions before purchasing Content.
3. Your obligations
3.1. The Content you purchase, and the Platform on which that Content is purchased and provided, is for your personal, non-commercial use only.
3.2. You must not:
( a ) use the Content or the Platform for any commercial or business purpose or in any manner that is improper or unlawful;
( b ) rent, lease, lend, sell, transfer, redistribute or licence the Content or the Platform (or attempt to do any of those things);
( c ) copy, record, reproduce, republish, post, broadcast, upload, communicate or make any of the Content available to any other person (including by permitting them to use the details of your Member Account);
( d ) decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative content of the Content or the Platform; or
( e ) circumvent, disable or otherwise interfere with any security-related features of the Content or the Platform or any features which prevent or restrict the use, distribution or copying of the Content or the Platform.
3.3. You acknowledge and agree that your obligations under clause 3.2 are material obligations that must be complied with at all times (Material Obligations). You indemnify us (and must compensate us on demand) for any loss or damage that we suffer or incur arising from or in connection with your breach of such Material Obligations.
4. Price and payment
4.1. Except where otherwise agreed by us in writing, the price payable for the Content is the price displayed on the Platform, and payment of the applicable price must be made at the time of online checkout using one of the payment methods listed on the Platform.
4.2. All prices quoted or displayed on the Platform are in Australian dollars and except as otherwise expressly stated, are exclusive of insurance, delivery charges, credit card surcharges, GST and any other sales, value added or similar tax.
4.3. The prices on the Platform are subject to change from time to time without notice. It is your responsibility to check the applicable price on the Platform before purchasing any Content.
5. Membership
5.1. To purchase and access purchased Content you must create a Member Account on the Platform.
5.2. We reserve the right to terminate your Member Account at any time if you breach any term of these Terms and Conditions. If your Member Account is terminated by us, you must not access any other Member Accounts or create any further Member Accounts.
6. Delivery
6.1. We will use all reasonable endeavours to make your Content available to you as soon as possible after purchase. However, we are not liable for any failure to make your Content available to you promptly or at all, other than to refund the price paid by you for purchasing the Content that is not delivered at all.
7. Technology Requirements
7.1. You are responsible for using a Compatible Device to access the Platform and maintaining an internet connection. High speed internet connection is recommended.
7.2. The Compatible Devices for the Platform are subject to change at any time. We will use reasonable endeavours to notify you of the change using the email address registered to your Member Account.
7.3. You acknowledge that the Platform may not work on all Compatible Devices, particularly older devices, browsers and/or operating systems.
8. Objectionable Content
8.1. The Content may contain material you personally consider to be offensive, indecent, objectionable, or explicit. You are responsible for determining whether the Content you purchase is suitable for your purposes based on the stated age rating and the description of the Content.
8.2. Some Content may be sold with an age restriction. It may be unlawful for you to knowingly purchase some Content if you do not meet the minimum age requirement. By purchasing Content, you warrant that you are old enough to legally purchase the particular Content.
8.3. If we reasonably suspect that you are not old enough to purchase the Content, we may cancel your Member Account.
9. Platform Availability
9.1. You acknowledge that due to the nature of web-based services we cannot guarantee that the Platform will be always available and we may from time-to-time need to conduct planned or unplanned site maintenance for periods of time. You acknowledge that where we need to suspend access to the Platform for such purposes, we will not be in breach of our obligations to you under these Terms and Conditions.
9.2. Where there is a period of Platform unavailability, we will endeavour to provide you with as much advance notice as is practicable in the circumstances and will use all reasonable endeavours to ensure that your rights to access the Content are not prejudiced during such time.
10. Removal of Platform
The Content you purchase on the Platform is intended to be available for you to view on the Platform indefinitely (with a guaranteed minimum period of at least 12 months). If however, we have to close the Platform or remove access to any purchased Content for any reason (e.g. for regulatory or commercial viability reasons or otherwise), we will compensate you if you have had less than 12 months access to the Platform or the purchased Content (as applicable) at the time of closure or removal by providing you with a prorated refund for the price you paid for the Content to reflect the portion of that 12-month period that you will not have access to the Platform and/or the Content that you purchased.
11. GST
Despite any other clause of these Terms and Conditions, to the extent that any supply made under or in connection with these Terms and Conditions is a taxable supply (as defined by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)), you must pay to us, in addition to the consideration provided for under these Terms and Conditions or that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. You must pay the additional amount to us at the same time as the consideration to which it is referable. You are responsible for paying any other duties or taxes, including any stamp duty (if applicable), in relation to the Content.
12. Liability
12.1. Subject to any Non-Excludable Rights, and to the extent permitted by law:
( a ) we exclude all conditions, warranties and implied terms, whether statutory or otherwise, that may arise in relation to the Content or the Platform; and
( b ) we limit our liability to you arising under or in connection with these Terms and Conditions to, at our discretion, resupplying the Content or refunding you the price paid for the Content, except where:
( i ) it would not be fair or reasonable in the circumstances for us to limit our liability in that manner; or
( ii ) such liability arises from our negligence, fraud or wilful misconduct.
13. Force Majeure
13.1. Where a Force Majeure Event prevents or delays a party from performing any obligation under these Terms and Conditions, the requirement to perform that obligation is suspended as long as the Force Majeure Event continues.
13.2. If a Force Majeure Event persists for 30 days, either party may cancel any affected order by giving written notice to the other party.
14. Privacy
We need to collect and use your personal information in order to supply the Content to you. Our policy regarding the collection, handling and use of personal information is set out in our Privacy Policy which can be accessed here.
15. Intellectual Property
15.1. You acknowledge and agree that:
( a ) the Content and Platform contains Intellectual Property that is owned or licensed by us and/or third parties (Content IP); and
( b ) purchasing the Content and accessing the Platform does not give you any right, title or interest in or to such Content IP.
15.2. We retain all right, title and interest in and to our pre-existing Intellectual Property rights in the Content and the Platform.
16. General
16.1. If a provision in these Terms and Conditions is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms and Conditions for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision of any other provision of these Terms and Conditions.
16.2. Any variation of these Terms and Conditions must be in writing and signed by the parties.
16.3. A reference to legislation includes any amendment to that legislation, any consolidation or replacement of it, and any subordinate legislation made under it.
16.4. In these Terms and Conditions, the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’ unless there is express wording to the contrary.
16.5. A waiver of any right arising under these Terms and Conditions must be in writing and signed by the party granting the waiver.
16.6. Neither party may assign its rights under these Terms and Conditions without the other party’s prior written consent.
16.7. No agency, partnership, joint venture, employment or fiduciary relationship is intended to be created between you and us by reason of these Terms and Conditions.
16.8. These Terms and Conditions are governed by the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.
17. Definitions
In these Terms and Conditions:
17.1. ”Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts.
17.2. ”Compatible Device” means a device compatible with the Platform, which includes:
( a ) for Windows computers, Windows 7, Windows 8.1, Windows 10 and Windows 11 using Google Chrome, Firefox, Microsoft Edge or Opera;
( b ) for Mac computers, Mac OSX 10.12 or later using Google Chrome, Firefox, Safari or Opera;
( c ) Android tablets and phones using Chrome; and
( d ) iPhones and iPads using Safari.
17.3. ”Content” means any media offered for sale by Working Dog on the Platform.
17.4. ”Customer” means the person or entity that purchases Content from Working Dog, as specified in the relevant order confirmation.
17.5. ”Force Majeure Event” means an act of God, war, revolution or any other unlawful act against public order or authority, an industrial dispute including strike or other labour disturbances, a government order or restraint, pandemic and epidemic, a shortage or unavailability of raw materials, production capacity or transportation, and any other event not within the reasonable control of a party.
17.6. ”GST” means goods and services tax and includes any replacement or subsequent similar tax.
17.7. ”Intellectual Property” means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including rights in respect of or in connection with:
( a ) any related confidential information, trade secrets, know-how or any right to have information kept confidential;
( b ) copyright (including future copyright and rights in the nature of or analogous to copyright);
( c ) trade marks, service marks and other related marks; and
( d ) all associated goodwill,
whether or not existing at the date you agree to these Terms and Conditions and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
17.8. ”Member Account” means an account on the Platform.
17.9. ”Non-Excludable Rights” has the meaning given to it in clause 1.
17.10. ”Platform” means the digital content platform provided by us and includes all pages of and all information, material, text, graphics and facilities at https://watch.workingdog.com/.
17.11. ”Working Dog” means Working Dog OD & M Pty Ltd ACN 678 811 160.