DVD SERVICE - MEMBER TERMS AND CONDITIONS

Please read these terms carefully so that you understand them.

You should be aware that we can change these terms at any time. However, if we consider that the change will make you worse off, we will give you prior notice.

Words that are capitalised (e.g. Rate Card) have the meanings set out in the Dictionary at the end of the Agreement.

1.
Your Membership		 1.1 In order for us to provide the Services to you, there are certain things that we need to ask you to do. These are to:
 (a)ensure that you are able to access our Website; and
 (b)make sure your username and password are kept secure; and
 (c)ensure that any Additional Users comply with this Agreement.

1.2 You declare that:
 (a)you are over 18 years of age and have the legal power to enter into this Agreement; and
 (b)when any DVD is delivered to your Home, or any Video Content is downloaded to your Personal Computer, it will at all times be under the control of a person who is over 18 years of age.

1.3 You will require a username and password to manage your membership account. You accept responsibility for all use of your membership account where such use is made via the use of your username and password.

1.4 We provide a help-desk to assist you with genuine problems with the Services. To access our help desk, please call our toll free phone (a free call from most fixed phones) on 1800 502 502. The operating hours for our help desk can be found here. You may also email us (at help@bigpondmovies.com) with any problems with the Services or questions you may have.

1.5 You must supply us with a valid email address and promptly advise us of any changes to your email address. We will use this email address to advise you of any issues relating to your account, and therefore you should regularly check for emails from us. If you have selected the option to receive promotional communications from us, we will use this email address to send such communications to you.

2.
DVD Service		 2.1 If you have selected a DVD Service membership plan, or have a DVD Service special offer or trial, you are entitled to have on rent at any point in time the number of DVDs up to your DVD Entitlement.

2.2
 (a)once the total number of DVDs despatched to you in the relevant month exceeds your DVD Allowance, each additional DVD we despatch you in the month (because you have returned a DVD to us), will result in us billing you the relevant fee under the Rate Card applicable to your plan, but only up to a total of 5 DVDs each month (there is no charge for the sixth or subsequent DVD despatched to you in the month); and
 (b)if the total number of DVDs despatched to you in the relevant month is less than your DVD Allowance you are not entitled to a credit or refund, or to 'roll over', the difference between the total number of DVDs despatched to you and your DVD Allowance.

2.3 You must ensure that your DVD player is functioning properly and meets the requirements (if any) set out on our Website.

2.4 The DVD Service is only available to you if you are resident in Australia and your Home address is a place in Australia to which Australia Post delivers ordinary mail. Unless otherwise stated, all DVDs supplied via the DVD Service will be coded Region 4.

2.5 If you validly change your DVD Service membership plan (other than a special or introductory plan) by mistake, you may change back to your previous plan on the same day at no charge. However, if we have already sent additional DVD(s) to you because you have mistakenly changed to a plan with increased membership fees, your membership fees will only reduce to your previous plan rate once the number of DVD(s) you have rented is equal to or less than your previous DVD Entitlement.

2.6 You agree not to:
 (a)use DVDs you have rented for any purpose other than for private use in your Home; or
 (b)use DVDs in a manner inconsistent with any requirements specified in or on the DVD; or
 (c)infringe the copyrights of any person in relation to such DVDs or anything contained in our Website.

2.7 If you invite someone to join the DVD Service using the Invite A Friend function we will present a special DVD Service trial offer to that person, subject to these terms and conditions (including clause 5.1, which limits special trials and offers to 1 per household). There is no limit on the number of people who can be invited to join the DVD Service. From time to time, we may run a special promotion whereby you may be eligible to receive a credit amount on your account for each person you invite to join, provided that person becomes a paying customer for at least 30 days and provided that no other credit has previously been paid in relation to any such paying customer. If you remain a BigPond Movies member, we will apply the credit to your account. If you are no longer a BigPond Movies member we will arrange for payment of any credit remaining on your account as per clause 4.3.
3.
Video Download Service		 3.1 The Video Download Service is only available to download Video Content to Personal Computers located in Australia. You do not need a DVD Service membership plan to be able to use the Video Download Service.

3.2 You must ensure that the Personal Computer you use to access the Video Download Service meets the minimum software and hardware system requirements specified from time to time on our Website. These requirements include a requirement that your Personal Computer runs a properly functioning version of the DRM Software; this software is available for download from our Website without charge from us (you may have to pay charges for the connection required to effect the download), and is subject to your acceptance of any licence terms and conditions which may be applicable to that software. You must not interfere with the proper functioning of the DRM Software.

3.3 You are responsible for arranging a connection from your Personal Computer to our Website ("Broadband Connection"). The Broadband Connection must meet the minimum requirements specified from time to time on our Website. You are responsible for paying for the Broadband Connection, including any download charges.

3.4 The Video Download Service provides the download of Video Content to your Personal Computer, which you may then view in accordance with the Content Terms applicable to the particular Video Content. The volumes of data downloaded are typically high, and therefore you must ensure that:
 (a)there is sufficient space on the hard drive of your Personal Computer to store the content; and
 (b)your Broadband Connection is capable of completing any download you may order (for example, the arrangement with the provider of your Broadband Connection will not limit the amount or speed of data you are able to download such that a download cannot be successfully completed within a reasonable period).

3.5 You must comply with the Content Terms, and unless the Content Terms expressly allow you to do so, you must not:
 (a)display or make the Video Content available in any public place;
 (b)resupply the Video Content to any person;
 (c)transfer the Video Content from your Personal Computer to any other device;
 (d)copy the Video Content, or in any other way breach the copyrights in the Video Content; and
 (e)remove your Personal Computer from Australia while it contains any Video Content.

3.6 You acknowledge that:
 (a)the DRM Software may delete the Video Content from the hard disc of your Personal Computer after your entitlement to view the Video Content has expired;
 (b)the performance of the downloading or playing of Video Content is dependant on the specifications of your Personal Computer and other functions being performed by your Personal Computer at the relevant time.

4.
Charges		 4.1 Fees for the Services are set out in the Rate Card available on our Website. All charges set out in the Rate Card are GST inclusive, unless otherwise stated.

4.2 We have structured our charges so that all monthly fees are payable in advance. Other fees and charges set out in the Rate Card are payable at the time stated in the Rate Card.

4.3 If your DVD Service membership is suspended part way through a month, we will hold any unused portion of your monthly membership fee (and any other amount you have prepaid or been credited with), less any amounts that you owe us (such as charges you incurred or a Cancellation Fee), as a credit in your account until you re-activate your DVD Service membership or otherwise incur additional charges (such as by downloading Video Content). If your DVD Service membership is cancelled part way through a month, we will refund to you any unused portion of your monthly membership fee (and any other amount you have prepaid or been credited with), less any amounts that you owe us (such as charges you incurred or a Cancellation Fee).

4.4 All membership fees and other charges relating to the Services will be:
 (a)billed to your nominated credit card, if you have nominated a credit card as your preferred payment method. We accept Mastercard, Visa, American Express and Diners Club cards only; or
 (b)in the case of the DVD Service only, billed to your Telstra Bill, if you have nominated your Telstra Bill as your preferred payment method; or
 (c)in the case of the Video Download Service only, debited from the balance of a Prepaid Card that you nominate. You must use the credit on a Prepaid Card by the expiry date listed on the Prepaid Card or else it will be forfeited.

4.5 Any credit card you advise us to charge, or provide to us for the purposes of age verification, must be a valid credit card which you are authorised to use.

4.6 If you have nominated a credit card as your preferred payment method, you agree that we may:
 (a)charge all fees and charges due under this Agreement to your nominated credit card; and
 (b)disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details; and
 (c) take steps to verify that there is sufficient credit on your credit card account to meet likely fees due under this Agreement; and
 (d)charge any Cancellation Fee payable under this Agreement to your credit card.

4.7 Clause 4.6 applies even while you are subject to a special offer or trial plan which does not require the payment of any fee. This is because you agree that we may charge amounts to your card if an offer or trial ends before you have cancelled your membership and returned all rented DVDs (if any) to us, or in the event some charge is otherwise payable (for example, because you lose or damage a DVD). Clause 4.6 also applies where we need to verify your credit card details for age verification purposes.

4.8 Unpaid debt can be a real problem for us. This means that, if any amount is unpaid after the due date, we may do any or all of the following:
 (a)charge you interest (at an annual rate up to the official cash rate set by the Reserve Bank of Australia plus five per cent - you can review this rate at www.rba.gov.au) on the unpaid amount from the date it was due until the date we receive full payment;
 (b)cancel or suspend this Agreement provided we comply with clause 12.

5.
Special Offers		 5.1 Unless otherwise stated, special offers or introductory trials are offered on the basis of one offer or trial being available customer and per household. Fetchmemovies and BigPond Movies are the same service provided by the same company. Therefore, if you or anyone in your household has had a special offer or introductory trial under the Fetchmemovies brand you and the members of your household are not entitled to a special offer or introductory trial under the BigPond Movies brand.

5.2 If your membership to the Services is suspended during the period while any special offer or introductory trial applies to you, such offer will cease to apply to you on and from the time of such suspension.

5.3 If you change your DVD Service membership plan while on a special or introductory plan, you will forfeit any benefits relating to that special or introductory plan.

6.
DVD Service - 'MyQ' List		 6.1 We will despatch your DVD Entitlement to you according to the DVD selections made in your 'MyQ' list on our Website. You should regularly check your 'MyQ' list to ensure that your preferred DVDs are on the list. DVD titles on your 'MyQ' list will be despatched to you in order, subject to availability at the time of despatch. DVD titles that have been placed at the top of your queue by you will be despatched first, subject to availability. Once a DVD on your 'MyQ' list is despatched, that DVD title will be removed from the list.

6.2 We recommend that you keep more than 20 titles in your 'MyQ' list on our Website. This is because, if at any time there are no DVDs specified on your 'MyQ' list, or none of the DVDs specified in your 'MyQ' list are available, no DVDs will be despatched to you at that time even if you have not rented all of your DVD Entitlement. If you have rented less than your DVD Entitlement because there are no DVDs specified on your 'MyQ' list or your selected DVDs are not available, you will still be liable for membership fees for your selected membership plan unless you suspend your Service in accordance with clause 7.

6.3 It is important to remember that we will only despatch DVD(s) to you if you have not exceeded your DVD Entitlement. Subject always to this requirement and to the other terms and conditions of this Agreement, DVD(s) will be despatched to you within 2 Business Days of:
 (a)a previously rented DVD being returned to us; or
 (b)your advice to us (via the facility available on our Website) that you have packed a DVD in its reply paid envelope and placed it in an Australia Post mail box. However, where you have advised us on more than one previous occasion that DVDs have been posted to us on a particular date but it reasonably appears to us that they were not actually posted on or before that date, we may decide that DVDs will be despatched to you in accordance with clause 6.3(a) only.

6.4 The actual arrival date of DVDs at your Home address is subject to Australia Post's standard letter service commitment. Any delivery delays are outside the reasonable control of Telstra.

7. DVD Service - Service Suspension

7.1 At any time while you don't have a Contract Term you may suspend your membership to the DVD Service via the facility available on our Website. We will not send you further DVDs on rent during the period of any suspension.

7.2 While you have a Contract Term, you may only suspend your membership to the DVD Service for a maximum aggregate period of 2 months. You may do this via the facility available on our Website. Your Contract Term will be extended by the duration of any such suspension.

7.3 If you validly suspend your DVD Service, the relevant monthly membership fees will not be payable during the period while you have no outstanding rented DVDs. You may cancel any suspension you initiated via the facility available on our Website.


8.
Purchasing DVDs		 8.1 We may make new and ex-rental DVDs available for purchase from time to time.

8.2 Ex-rental DVDs will be cleaned, refurbished and checked for proper functioning prior to sale, but you acknowledge that ex-rental DVDs will not be in 'as new' condition. All DVDs sold will be subject to the warranties which apply by operation of clause 14. Use of any sold DVDs will also be subject to any limitations specified in or on the DVDs (such as limitations relating to copyright in the content of the DVDs).

8.3 Postage fees for purchased DVDs will be charged to you at time of purchase.

9.
DVD Delivery		 9.1 DVDs rented or purchased by you will be delivered to your Home via ordinary post. You promise that you have a secure letter box at your Home which is suitable to receive the DVDs posted to you. You must use the pre-paid return postage envelope and DVD packaging supplied by us to return rented DVDs to us.

9.2 You must take good care of rented DVDs, including by complying with the requirements (if any) set out on our Website.

9.3 We will check all DVDs for defects prior to despatch to you. If you find that a DVD is defective when you receive it, please advise us via the facility on our Website and return the DVD to us. Subject to clause 9.5, we will despatch another DVD of the same title to you, if available. If that title is not available and the DVD was a rented DVD we will send you another available DVD from your 'MyQ' list. If that title is not available and the DVD was a purchased DVD, we will credit your account with the amount charged to you for that DVD.

9.4 We will send you an email advising you when we have despatched a DVD to you. If a DVD despatched to you has not been received within 5 days, please advise us via the facility on our Website. Subject to clause 9.5, we will despatch another DVD of the same title to you, if available. If that title is not available and the DVD was a rented DVD we will send you another available DVD from your 'MyQ' list. If that title is not available and the DVD was a purchased DVD, we will credit your account with the amount charged to you for that DVD.

9.5 Where the number of DVDs returned by you in a defective condition (other than due to fair wear and tear) or reported lost by you exceed reasonable levels, we reserve the right to charge you in accordance with clause 9.6 for any DVDs returned by you in a defective condition (other than due to fair wear and tear) or reported lost by you.

9.6 You agree to pay us the replacement cost of any rented or purchased DVD which you damage (other than fair wear and tear) or reported lost.

10.
Privacy		 10.1 Please read our "Protecting your Privacy" statement (available at http://www.telstra.com.au/privacy ). It summarises how we and our related companies collect, use and disclose your personal information (including for marketing to you) and your rights to access and correct that information.

10.2 In order for us to provide the Services to you, there are certain things that we need to ask you to do. These are to:
 (a)disclose information about you, the Application Form and this Agreement (including information relating to the conduct of your account), to:
 (i)a credit reporting agency for the purpose of obtaining and maintaining a Credit Information file about you; and
 (ii)another credit provider or a collection agent, for the purpose of collecting overdue payments relating to credit owed by you and notifying defaults by you; and
 (iii)our contractors or agents involved in the supply of the Services; and
 (b)obtain and use information about your creditworthiness (including a consumer or commercial credit report) from a credit reporting agency, credit provider or other business that reports on creditworthiness, for the purpose of assessing an application (including the Application Form and this Agreement) or collecting overdue payments.

10.3 Our website uses cookies. Cookies are pieces of information that a website can transfer to a user's computer hard drive for tracking user navigation and customising site information to improve the user experience. Cookies can make using our Website easier, for example by storing information about your preferences, customising pages based on your browser type or other information you may have provided via our Website. This will enable you to take full advantage of the services that our Website offers. The use of cookies is an industry standard and you'll find most major websites use them. Most Internet browsers are pre-set to accept cookies. However, if you are concerned about the use of cookies you do have the option to opt-out and refuse the transfer of cookies to your computer's hard drive. If you prefer not to receive cookies, you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. If you need further assistance to modify the cookie arrangement on your computer, please contact the company that produces your browser.

11.
Website Content		 11.1 We do not guarantee the accuracy, integrity or quality of the content on our Website where that content is posted by other users of the Services. Our Website may contain information about products and services offered by third parties, including product specifications, pricing, availability, performance and editorial commentary. We are not responsible for any reliance that you place on any of this content, including, but not limited to, reviews and DVD descriptions. We are also not responsible for postings by users in the user opinion, message board or feedback sections of our Website or for reviewing such material prior to it becoming available on our Website. We have the right, but not the obligation, to remove any content that may, in our sole discretion, be considered objectionable, for example if the content contains either language or comments that other members may find offensive, inappropriate or irrelevant.

11.2 You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available to us, including on our Website ("Your Content"). You certify that you own all intellectual property rights in Your Content.

11.3 You grant us, our agents and contractors a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable licence to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of
 (a)displaying Your Content on our Website,
 (b)distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or
 (c)storing Your Content in a database accessible by other users, and in any such case, without attribution to you. This licence will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

11.4 You agree to use any bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") that we may provide, only to send and receive messages and material that are proper and related to the Forum.
12.
Cancellation and Suspension		 12.1 You may cancel this Agreement at any time by contacting our help desk. However, if you cancel before the end of your Contract Term, we will charge you the Cancellation Fee. You will also need to keep paying your membership fees for the DVD Service until you have returned to us all of the DVD(s) which you have rented or you have paid us the replacement cost of any DVD(s) which you have damaged or lost (in accordance with clause 9.6).

12.2 You may also cancel your Services at any time if:
 (a) we are in serious breach of this Agreement (for example, we will be in serious breach if we fail to use reasonable care and skill in providing the Services to you); and
 (b) you have notified us in writing of our serious breach and we have failed to remedy the breach within 14 days of the date of your notice or the breach is something which cannot be remedied (in which case you may terminate the Services immediately by giving us notice).
We will not charge you the Cancellation Fee if you cancel this Agreement because of our serious breach.

12.3 While you have a Contract Term, we may cancel this Agreement before the end of your Contract Term at any time if we give you reasonable prior notice (of at least 30 days) and we take reasonable steps to appropriately offset the effect of the cancellation on you (for example, by providing a credit or rebate). If we cancel this Agreement in this way, we will not charge you the Cancellation Fee.

12.4 If you do not have a Contract Term, we may cancel your Service at any time if we give you reasonable prior notice (of at least 30 days).

12.5 We may immediately cancel this Agreement if:
 (a)you are in serious breach of this Agreement. You will be in serious breach of this Agreement if you:
 (i)breach your obligation to pay your fees for the Services when due; or
 (ii)use the Services in a way which we reasonably believe is illegal or likely to be found illegal; and
 (b)we have notified you in writing of your breach and you have failed to remedy the breach within 14 days of the date of our notice (or such longer period as set out in our notice) or the breach is something which cannot be remedied (in which case we may cancel this Agreement immediately by giving you notice). Using the Services in a way which falls under paragraph 12.5(a)(ii) above is a breach that is not capable of remedy.

If we cancel this Agreement under this clause 12.5 before the end of your Contract Term, we can charge you the Cancellation Fee.

12.6 We may suspend or restrict the provision of the Services to you during the notice period before we cancel your Service under clause 12.5. If we suspend or restrict the provision of your Service under this clause 12.6, you are responsible for any monthly fees payable during the period of suspension. However, if we later decide that you did not breach the Agreement, then we will reimburse the monthly fees (pro-rated if necessary) you paid during the suspension for such part of that period as you had no DVDs on rent.

12.7 We may immediately suspend the supply of the Services to you if we reasonably suspect that you are in serious breach of this Agreement as set out in clause 12.5(a) of these terms and conditions.

12.8 We may also cancel this Agreement by giving you as much prior notice as we reasonably can if:
 (a)you become bankrupt or insolvent or appear likely to do so; or
 (b)we are not able to provide the Service to you due to an event outside our reasonable control (such as an industrial strike or an act of God). If we cancel this Agreement before the end of your Contract Term under paragraph (a) above, we can charge you the Cancellation Fee.

12.9 If this Agreement is cancelled you must immediately return to us any of our property.

12.10 You agree to pay us the replacement cost of any rented DVD which you do not return within 7 days of cancellation.

12.11 Clauses 2, 3, 4, 10, 11, 12, 13, 14 and 15 survive cancellation or suspension of this Agreement (regardless of any other clauses that may survive cancellation or suspension).
13.
Changing this Agreement		 13.1 From time to time, we need to be able to change these terms to reflect our changing business. We can change this Agreement (including the Rate Card and any prices) in accordance with this clause 13.

13.2 We will notify you of any proposed change in accordance with clause 13.5 at least 30 days before it is to take effect unless:
 (a)we need to make the change immediately in order to act legally or the change results from changes in the law. If this is the case, we will give you as much notice as we reasonably can; or
 (b)the change will benefit you. If this is the case, we can make the change without giving you notice.

13.3 If we notify you of a change to this Agreement during your Contract Term and the change means that you are materially worse off (and does not fall within clause 13.2(a)), you may cancel this Agreement by notifying us by email within 14 days of our notice to you of the change. If you cancel this Agreement under this clause 13.3, you will not have to pay us the Cancellation Fee and the Agreement will be cancelled from the date the change was due to take effect.

13.4 Some examples of changes that make you materially worse off are:
 (a)a significant increase in any recurring fees you are paying for the Services (for example if the impact of the price change is to increase the recurring fee you would pay by more than CPI + 3% in any 12 month period);
 (b)withdrawing an important feature of the Service that you use regularly; or
 (c)significantly increasing your obligations or significantly limiting your rights under this Agreement.

13.5 If you do not notify us of your decision to cancel this Agreement under clause 13.3, you will be taken to have agreed to the change by your continued use of the Services from the date the change comes into effect.
14.
Liability		 14.1 We will use reasonable care and skill in providing the Service and will provide the Service in accordance with this Agreement. However, given the nature of the Service, (including the Service's reliance on some systems and services not owned or controlled by us), we cannot promise that the Service will be continuous or fault-free.

14.2 We accept liability for the Service, but only to the extent set out in this clause 14.

14.3 This Agreement is made up of the terms that are expressly set out in this Agreement and those implied by consumer protection laws to the supply of the Service that cannot be excluded by us. No other terms apply.

14.4 We accept our liability to you if we breach this Agreement or act negligently under the principles applied by the courts, except for as set out in clauses 14.5 and 14.6.

14.5 As you have taken up the Service predominately for personal, domestic or household use, we do not accept liability for any business related losses that result from your use of the Service. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to resupplying, repairing or replacing the relevant goods or services where it is fair and reasonable to do so.

14.6 We are also not liable to you for:
 (a)any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement; and
 (n)any loss caused by our failure to comply with our obligations in relation to the Service where that failure is caused by events outside our reasonable control (such as an industrial strike or an act of God).

14.7 You are liable to us if you breach this Agreement or act negligently under the principles applied by the courts. However, you are not liable for any loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of this Agreement.
15.
General Terms		 15.1 Neither party waives any of its rights under this Agreement merely because it does not exercise them or there is a delay in exercising them.

15.2 Unless otherwise stated, a notice in connection with this Agreement must be in writing (which includes email). If we need to notify you of any matters relating to the Agreement, you agree that we may send that notice by email to the email address you provided to us, or post to your address. If we use email, you will be taken to have received the email if the email leaves our servers, unless we receive evidence to the contrary. If we use post, you will be taken to have received the letter 2 Business Days after we post it, unless we receive evidence to the contrary.

15.3 Your rights under this Agreement belong to you alone. You may not transfer your rights and obligations in respect of the Service or under this Agreement without our prior consent. Our consent will not be unreasonably withheld.

15.4 From time to time, we may need to ask another party to provide some aspect of the Services. We may transfer all or any of our rights or obligations in respect of the Services or under this Agreement to a reputable, credit worthy third party at any time. If we do so, we will notify you within 30 days of the transfer.

15.5 If any of your details change, you must promptly update your details via the 'Account Management' section of our Website.

15.6 This Agreement is governed by the law in force in New South Wales and the parties submit to the jurisdiction of the courts of New South Wales.

15.7 You agree that you will not use our Website or the Services to do any of the following:
 (a)defame, abuse, harass or otherwise violate the legal rights of others;
 (b)publish, post, upload, email, distribute or disseminate (collectively, "transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
 (c)transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer or our Website;
 (d)advertise or offer to sell any goods or services for any commercial purpose;
 (e)transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
 (f)collect or store personal information about other users; or
 (g)transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
 (h)engage in any illegal activities.

16.
Dictionary		 16.1 Words in this Agreement with initial capital letters (eg, Agreement) have defined meanings, as follows:
Additional User means a person whom you authorise to access the Services.
Agreement means these terms and conditions, the Rate Card, and any terms contained on your Application Form.
Application Form means the online application form for the Services you submitted at http://dvd.bigpondmovies.com.
BigPond Member means a current BigPond internet access customer.
Business Day means a day other than a Saturday, Sunday or public holiday in the place where DVDs are despatched to you.
Cancellation Fee means the amount calculated in accordance with the Rate Card.
Content Terms means the terms specified on our Website which are applicable to the supply of Video Content via the Video Download Service. For example, those terms may specify how long or how often you are permitted to view the content.
Contract Term means, where you have agreed to a fixed or minimum term plan, the period from the time you so agreed until the fixed or minimum term expires, subject to any extension of that period under clause 7.2.
Credit Information means:
 (a)identity particulars (name, address, and date of birth);
 (b)your application for credit, including the amount applied for;
 (c)the fact we are a current credit provider to you;
 (d)payments which are overdue by more than 60 days and for which debt collection has commenced;
 (e)advice that payments are no longer overdue in respect of a default which has been listed;
 (f)information that you have committed a serious credit infringement.
DRM Software means the digital rights management software specified from time to time on our Website which you are required to run on you Personal Computer if you wish to use the Video Download Service.
DVD Allowance means the number of DVDs despatched to you per month without extra charge, as specified in the Rate Card for your selected DVD service plan.
DVD Entitlement means the number of DVDs you are allowed to rent at any point in time, as specified in the Rate Card for your selected DVD Service membership plan, or in accordance with any special or trial offer then applicable to you.
DVD Service means the service of supplying DVDs to you on a sale or rental basis, and includes the supply of goods where applicable.
GST and Tax Invoice have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Home means the address you nominate from time to time as the address to which DVDs are to be delivered to you as part of the DVD Service.
Personal Computer means a personal computer, including 'lap top' or 'notebook' computers, but excluding computers running other than Windows 2000 or Windows XP operating systems.
Prepaid Card means a BigPond Movies Video Download Prepaid Card that you have purchased from us and activated on our Website.
Services means DVD Service and the Video Download Service.
Rate Card means the rate card (as amended from time to time) or other contents of our Website (or other advice to you, such as a special promotion) which set out the fees and charges that apply to the Services. The current rate card for the DVD Service is located on our Website.
Telstra Bill means any bill issued by us to you for telephony, internet or other services we provide to you.
Video Content means the audio-visual content made available via the Video Download Service.
Video Download Service means the service of supplying Video Content via the internet for download to your Personal Computer. This service does not include the provision to you of any connection to the internet (or our Website) or any data download allowance (unless otherwise specified – for example, BigPond Members may be allowed 'unmetered' downloads of Video Content from the Video Download Service).
We, our, and us (whether with or without initial capital letters) means Telstra Corporation Limited (ABN 33 051 775 556) and its employees, agents, sub-agents and their respective employees.
Website means our website at http://dvd.bigpondmovies.com.
You and your (whether with or without initial capital letters) means the person named as the customer on the Application Form.

16.2 References in this Agreement to your use or usage of your Service includes use or usage by you and by your Additional Users.