THE LEGAL STUFF………

OK, before we kick this all off, please take a moment to familiarise yourself with these important terms and conditions which govern how Moshcam is provided to you and what your rights and obligations are. Once you’ve done that, sit back and enjoy the ride!

Who we are and what we do

(Who we are) ‘Moshcam’ is a subscription video on demand service that provides a broad range of music related content to discerning fans such as yourself and we do that by streaming our content over the internet to a range of internet connected devices. We’re based in Sydney, Australia and the Moshcam service is provided to you by Moshcam Pty Limited ABN 99 145 552 398

(Where you can get our service) A list of the internet connected devices on which the Moshcam service is currently available (either through a web browser or via the mighty Moshcam app, which may need to be downloaded and installed on the relevant device) can be found here. We can change that list at any time, but we won’t remove a device without giving you at least 1 month’s notice.

(Some obvious pre-conditions) It should go without saying, but we’ll say it anyway - to access all the goodies that Moshcam has to offer, you need to be connected to the internet, be using one of the supported devices (we’re not everywhere just yet) and, if necessary, have downloaded and installed the Moshcam app for that device. No refunds if you can’t get the Moshcam service as a result of not ticking all those boxes – so check first!

The Agreement!

(Creating an account) By registering with us and creating an account (and why wouldn’t you want to do that?), you are entering into an agreement with us under which we will make the Moshcam service available to you on these terms.

(What makes up our agreement) The agreement between us is made up of:

• Your registration and account details;
• These terms and conditions; and
• Our Privacy Policy (which sets out what we can and can’t do with your personal information).

(How you accept our agreement) We don’t need you to sign anything or formally agree to the Moshcam agreement. It’s very easy - by accessing our service, you will have agreed and accepted the terms of the Moshcam agreement. What could be simpler – no messy paperwork!

(Terms may be updated) We may, from time to time, need to change some of these terms, which we can do at any time provided we give you at least 1 month’s notice of any material change. The changed terms will automatically apply from the date such change comes into effect. If you continue to access the Moshcam service after that day, you will be regarded as having agreed to those new terms. Of course, if you don’t agree to the new terms, you are always free to cancel your subscription at any time.

(How long the agreement continues) The agreement continues indefinitely on a month to month basis provided the subscription fees are paid, unless you decide to cancel (no, surely not!). If a subscription payment is not made for some reason, we can exercise our right to cancel (see Cancellation and Suspension section below) – so please make sure your payment/credit card details are kept up to date

Other Requirements

OK, a few other requirements that must be satisfied before we can provide you with the Moshcam service:

• You have to be at least 18 years of age to sign up (sorry kids, ask your parents!);
• You have to set up an account with a password (which you can do here) and give us a valid email address and other account details that we ask for on registration – you can access your account details and update them at any time;
• If you decide to subscribe with us (including through an in app purchase with one of our partners), you also have to provide details of a valid credit or debit card and keep it current; and
• Subject to any trial period or other promotional offer which might be available to you, you have to pay the current subscription fee (see the section on Payment below – it’s pretty simple).

Using the Moshcam Service – Things To Be Aware Of

In terms of how you use the service or the Moshcam app:

• (Your personal use only) The Moshcam service and all the content on that service is provided to you for your personal use only and your account is non-transferable. This means that you can’t, for example:
  • Use the Moshcam service for commercial purposes (such as playing our great content as part of the entertainment provided in commercial premises like bars and cafes);
  • Share your login details (including your password) with anyone else (although you can, of course, have a bunch of friends around to watch!). You are responsible for all activity on your account, so please let us know here if you think your account has been compromised (and, in any event, change your password immediately).
• (No downloading or copying) The Moshcam service and our content is provided to you for viewing purposes only, and only in accordance with our reasonable directions from time to time. Except if we expressly permit it (and then only as we permit), you must not download or attempt to download or otherwise make a copy of any of the content on our service (or any part of that content, including audio files).
• (Hands off the DRM) You must not attempt to circumvent or remove the digital rights management or similar technology employed by Moshcam to protect its service and its content.
• (Ownership of rights) All rights in the Moshcam service and the content on our service (including copyright and trademarks) are owned by Moshcam or its licensors, and (except of course for your limited right to access the Moshcam content under this agreement) are reserved to them. You must not do anything which adversely affects those rights including infringing copyright.
• (The Moshcam app) We give you a limited licence to install the Moshcam app for the purpose of accessing the Moshcam service and viewing the Moshcam service. You must not attempt to copy, decompile or reverse engineer the software for that app. We may upgrade the software for the app from time to time and you may need to install that update to continue accessing the service (and if you decide not to install, then you may not be able to access the new features or may not be able to access the service at all).
• (Internet charges – all yours) You are responsible for all internet and mobile data charges and other costs you may incur in accessing the Moshcam service.
• (Content, like the wind, changes) The content that we offer will change from time to time without notice and we can’t guarantee that any particular show or other piece of content will always be available.
• (Sometimes the service may be offline) As Moshcam is delivered to you over the internet, we may need to undertake maintenance or upgrades from time to time which might result in the service being unavailable for a period. And sometimes accidents happen, and we go offline unexpectedly. Whilst we’ll obviously do all we reasonably can to avoid or limit the impact of such events, we can’t guarantee that they won’t happen. Sorry.
• (We need to know who you are) The Moshcam service and any of our software (including the app) may track and record your activity on the service (including the content you watch, the devices you watch it on and your internet address). We use this information to verify your entitlement to use the service and to optimise the viewing experience for you.

Free Trial Periods and Other Promotional Offers

(Free things at times) We may, at various times, offer free trial periods or other promotional offers to new subscribers and may also offer existing subscribers free bonus periods or other benefits.

(But we can change them) These offers may be made, changed or withdrawn at any time – and it will be entirely at our discretion as to whether any such benefit is available to a particular subscriber.

(Free trials are only for new users) As the name suggests, free trial periods are offered to people to help them assess whether or not the service is for them. We love our subscribers and are always thinking of other benefits we may offer at various times. However, free trial periods (if and when offered) are definitely for new subscribers only.

(You need to track when your free period ends) If you are entitled to a free trial period (remember, for new subscribers only) or free bonus periods (which we may make available for existing subscribers as well), it is your responsibility to know when the trial period ends and the payment period begins (or begins again for existing subscribers). We will begin billing you (as set out in the Payment section below) immediately on the conclusion of the free period unless you cancel your subscription before the end of that free period.

Payment

(Your card is charged in advance) When you create a subscription account with us or upgrade your existing account to a subscription account, you will be required to provide your payment details (credit card or debit card) either to us (if you’re subscribing with us directly) or to one of our platform partners in the case of in app purchasing if we offer that. By providing us or our platform partner with those payment details, you authorise us or them to charge the subscription fee to your nominated card at the beginning of each subscription period. For example, if you have nominated a monthly subscription plan, then the monthly subscription fee will be charged to your nominated card at the start of each monthly period.

(Calendar problems) As luck would have it, not all months are created equal. So, if you commence your subscription on a day that doesn’t occur in a subsequent month (such as the 31^st), your subscription will be automatically renewed on the last day of that subsequent month.

(When payment starts for new subscribers) In the case of new subscribers, your first subscription payment will occur immediately upon the creation of your account OR, if we offer (and you qualify for) a free trial period, immediately upon the conclusion of that free trial period unless you cancel your subscription before the end of that trial period.

(When payment resumes for current subscribers) If we give you a free bonus period, the bonus period will commence at the end of the paid period during which the bonus period was awarded. Subscription payments will resume automatically at the end of the bonus period unless you cancel your subscription before the end of that bonus free period.

(Tax is usually included) Unless otherwise stated, all subscription fees are inclusive of GST or other value added taxes, but not local sales taxes that we may be required to add by law.

(Changing fees or plans) We may change or increase the subscription fees or the subscription plans at any time provided we give you at least one month’s notice of the change (unless the increase is required by law, such as a tax increase, in which case we’ll give you as much notice as we reasonably can).

(Keep your card details up to date or you might lose out) It is your responsibility to keep your payment details up to date (so don’t forget about us when you get a new credit or debit card!). If your card can’t be charged for any reason or if a charge is declined, we reserve the right to suspend or cancel your subscription. If we suspend your account and we receive payment during that suspension period, we’ll reinstate access (including to your saved playlists) and the billing cycle will recommence from the date we received that payment. If we cancel your account for non-payment, you will need to create a new account to access the Moshcam service again.

Cancellation and Suspension

(If you must go) As much as we’d hate to see it happen, you can cancel your subscription at any time – just log in, go to your account profile on either the website the app, select My Plans and follow the easy prompts.

(If you cancel during a free period) If you cancel during a free trial or a free bonus period (if offered), that cancellation will be effective immediately, your account will be closed and no charge (or no further charge in the case of existing subscribers) will be made against your payment method.

(If you cancel during a payment period) If you are a paying subscriber, your subscription and your account will be closed at the end of billing period during which you cancel, no further subscription fees will be charged and no access to the Moshcam service will be available after the end of that billing period. There are no refunds on any subscription fees already paid to us when you cancel.

(We might have to cancel or suspend) We may cancel or suspend this agreement or your account at any time for any reason including:

• Security, legal or technical reasons;
• If you use the Moshcam service for purposes other than your personal use;
• If you breach this agreement;
• If you infringe our copyright or the copyright of any of our licensors by using the content in a way not permitted under this agreement; or
• If we reasonably believe you to be using the service for illegal or fraudulent purposes.

(When our cancellation or suspension takes effect) If we cancel or suspend with immediate effect, we will refund the unexpired balance of the subscription fee paid for the current billing period (if any). In all other circumstances, the cancellation or suspension will take effect from the end of the then current billing period and no refund will be provided.

Our Liability

(No liability basically) To the maximum extent permitted by law:

• The Moshcam service and associated content is provided to you as is, with all faults (if any) and without warranty;
• We don’t guarantee or represent accuracy, completeness of information or content that we supply;
• We don’t guarantee uninterrupted access or error free access to the service;
• We exclude all other terms or warranties, whether express or implied by law; in relation to the provision of the Moshcam service; and
• We will not be liable for any loss or damage whatsoever, however caused, which may arise directly or indirectly from the use of the Moshcam service.

(But there are things we can’t exclude) Despite the above, we can’t and don’t seek to exclude or limit any rights you may have at law, including the Competition and Consumer Act 2010 (Australia) which cannot be excluded.

Privacy

(Your personal information) We collect, store, use and disclose your personal information only in accordance with our Privacy Policy. By creating an account with us, you agree to us using your personal information in the manner set out in that policy.

Some Final Things

(We can transfer) We can transfer all of our rights and obligations (or any of them) to any person or company. However, this agreement is personal to you and is non-transferable by you.

(Headings are just a guide) The headings (including paragraph headings) are for illustration only and don’t operate to limit the terms of the agreement – so please read the terms!

(The law of the agreement) This agreement is covered by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state.

That’s all folks!

Now read on to understand how we protect your privacy


YOUR PRIVACY IS IMPORTANT TO US - HERE'S OUR PRIVACY POLICY

Moshcam takes your privacy and your personal information very seriously and will only collect and disclose that information in accordance with, and in the manner set out in, this policy.

Please read this policy carefully.

In this policy, “Moshcam”, "us", "we" or "our" means Moshcam Pty Ltd (ABN 99 145 552 398) and its related bodies corporate.

We are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) ("Act").

What is personal information?

When used in this policy, the term "personal information" has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include your name, age, gender, postcode and contact details (including phone numbers and email addresses) and possibly financial information, including your credit card information.

What personal information do we collect and hold?

In general terms, ‘personal information’ is any information that can be used to personally identify you. For the purposes of providing the Moshcam service to you, we may collect the following types of personal information:

• name;
• mailing or street address;
• email address;
• telephone number and other contact details;
• age or your date of birth;
• credit card information;
• details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
• any additional information relating to you that you provide to us directly through our websites or indirectly through use of our website or online presence or through other websites or accounts from which you permit us to collect information and can include ratings, preferences and similar information we gather as a result of your use of the service;
• any other personal information which you provide to us or which may be required in order to facilitate your dealings with us.

Cookies and beacons

We may also collect additional information about your interaction with Moshcam websites/services/products. For example, we use website analytics tools on our websites to retrieve information about your usage of Moshcam services. We also use technologies, such as cookies and web beacons (described below), to collect information about the pages you view, the links you click and other actions you take on our sites and services. Additionally, we receive certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems, gather demographic and behavioural information and target and improve the quality of our products and services. To the extent this information does not constitute or is not associated with personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply, and we may use this information for any purpose and by any means whatsoever.

We may also use cookies to enable us to collect data which may include personal information. When you access our website, we may send a "cookie" (which is a small summary file containing a unique ID number placed by a web server) to your device. This enables us to recognise your device each time you visit our website or use our application, without bothering you with a request to register or log-in. It also helps us keep track of and personalise products or services you view and your preferences, so that we can send you news about those products or services.

Our websites, products and services may contain electronic images known as "web beacons" - sometimes called single-pixel gifs - that may be used to assist in delivering cookies on our sites and allow us to count users who have visited. We may include web beacons on all webpages on our website/products/services in order to determine whether messages have been opened and acted upon. We may also employ web beacons from third parties in order to help us compile aggregated statistics regarding the operations of our websites.

We prohibit web beacons on our websites from being used by third parties to collect or access your personal information.

Cookies must be enabled in your browser or device in order to use Moshcam services.

Anonymous data which we collect about your interaction with Moshcam services may be used by us for the purposes described in this Privacy Policy or may be sold or otherwise provided by us to third parties including our partners, clients, shareholders and service providers for purposes including (but not limited to) data-matching, analysis, selling aggregated anonymous data via advertising exchanges, conducting launch surveys, and modelling.

When you receive newsletters or promotional e-mails from us, we may use web beacons (described above), customised links or similar technologies to determine whether the e-mail has been opened and which links you click in order to provide you with more focused e-mail communications or other information.

How we collect personal information

We collect your personal information directly from you unless it is unreasonable or impractical to do so.

We do this in various ways including:

• through your access and use of our website and apps;
• during communications between you and our representatives;
• when you register your interest to access a free trial or to access Moshcam services;
• when you make an inquiry or a complaint;
• when you participate in a Moshcam survey, competition, promotion or other marketing campaign; and/or
• when you create a Moshcam account or use Moshcam services.

We may also collect personal information from third parties including:

• third party companies such as credit reporting agencies, law enforcement agencies and other government entities;
• social media accounts and services, where you consent to us collecting such information from those services, including when you sign up to Moshcam services or connect your third-party social networking service profile to Moshcam services;
• advertisers;
• mailing lists;
• recruitment agencies; and/or
• contractors and business partners.

How we store personal information

We may hold your personal information in electronic or hard copy format or a combination of both. This personal information may be combined or linked with other information held about you, including information that we receive from third parties. We have taken a number of physical, electronic and procedural steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure including by means of firewalls, password access, secure servers and encryption of credit card transactions.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

Why do we collect, hold, use and disclose personal information?

We collect, hold, use and disclose your personal information for the primary and secondary purposes set out in the Collection Statement (as amended from time to time) as well as any of the following:

• to assess your application for Moshcam services;
• to provide products and services to you;
• to provide you with news, information or advice about our existing and new products and services;
• to provide you with more effective customer service;
• to communicate with you including by email, mail or telephone;
• to manage, operate and enhance our products and services;
• to personalise and customise your experience;
• to provide you with access to our service;
• to conduct competitions or promotions on our behalf and on behalf of selected third parties;
• to conduct business processing functions for operation of our website, our service or our business;
• for our administrative, marketing (including direct marketing), promotional, planning, product/service development, quality control and research purposes, or those of our contractors, partners or external service providers;
• for displaying content and advertising that are customised to your interests, preferences and experiences;
• to provide information (including personal information) to our related bodies corporate for the purpose of, for example, providing data matching;
• to verify your identity;
• to provide as part of business data to third parties if you have authorised us to do so;
• to provide your updated personal information to us, our contractors or external service providers;
• for credit verification purposes, transactions, fraud and credit worthiness;
• to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
• as required or permitted by any law (including the Privacy Act).

We may state a more specific purpose at the point we collect your personal information.

You acknowledge and agree that any personal information submitted by you to us may be provided by us to our related bodies corporate and used by those organisations for any of the purposes disclosed in this Privacy Policy.

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

What happens if we can't collect your personal information?

If you do not provide us with the personal information described in this policy, some or all of the following may happen:

• we may not be able to provide you with the products or services you requested, either to the same standard, or at all (for example, if you do not create a Moshcam account, you will not be able to access Moshcam services); and/or
• we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions.

How do we disclose your personal information?

We may disclose your personal information to:

• our employees, related bodies corporate, contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise in connection with providing our products and services to you, including without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment and other transaction processors, photographic analysers, promotions agencies, customer support providers, statistical analysis providers, data entry service providers, electronic network administrators, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants;
• our existing or potential agents, business partners or joint venture entities or partners (including for clarity as part of a corporate transaction such as a merger or sale of shares or assets);
• our sponsors, or promoters of any competition that we conduct or promote via our services;
• specific third parties authorised by you to receive information held by us;
• the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary; and/or
• as required or permitted by any law (including the Privacy Act).

You acknowledge and agree that any personal information submitted by you on our website and applications may be provided by us to our related bodies corporate and used by those organisations for any of the purposes disclosed in this Privacy Policy.

Direct marketing materials

We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link). We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.

If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.

Accessing and correcting your personal information

You may request access to any personal information we hold about you at any time by contacting us (details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

We request that you keep your information as current as possible so that we may continue to improve our service to you.

How to contact us

Customer Service

For all customer service and account queries, please submit a request via support@moshcam.com and our customer service team will get in touch with you shortly.

Privacy Officer

If you have any questions or concerns about our Privacy Policy, complaints regarding how we handle your personal information or would like to make an access request, please contact us using the contact information below.

We will treat your requests or complaints confidentially. All complaints received will be assessed by our Privacy Officer and all reasonable steps (if any) will be taken to remedy the complaint. Our representative will endeavour to respond to your complaint within 30 days of receipt of the complaint by our Privacy Officer.

Please contact our Privacy Officer at Moshcam Privacy

Disclosure of personal information outside Australia

We may disclose personal information to our external service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including the following:

• our data hosting and Cloud-based IT service providers;
• other external technology partners and service providers located in the United States and the European Union; and
• other third parties operating in jurisdictions including the United States and the European Union where you have authorised us to do so.

Links

Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party website and we are not responsible for the privacy policies or the content of any third-party website. Third party websites are responsible for informing you about their own privacy practices.

Changes to our Privacy Policy

We may change this privacy policy from time to time and the most current version of the policy will apply. Any updated versions of this privacy policy will be posted on our website. This privacy policy was last updated in January 2021.




OUR PERSONAL INFORMATION COLLECTION STATEMENT

Moshcam Pty Limited (ABN 99 145 552 398) ("Moshcam/we/us") will collect, store and use the personal information you have provided to us pursuant to the terms of this Collection Statement and our Privacy Policy (above).

Uses of your personal information

The primary purpose for which Moshcam is collecting your personal information is to enable you to register your interest in a free trial of Moshcam (if any) on commencement of the service and/or the ongoing supply of the Moshcam service on the conclusion of any free trial.

You agree that we may also use your personal information for related secondary purposes including:

• to assess your application for our service;
• to provide products and services to you;
• to provide you with news, information or advice about our existing and new products and services;
• to communicate with you including by email;
• to verify your identity;
• to provide as part of business data to third parties if you have authorised us to do so;
• as required or permitted by any law (including the Privacy Act);
• for any other purpose expressly listed in our Privacy Policy (above).

If you do not provide us with the personal information we ask for, or the information provided is incorrect or incomplete, we may not be able to provide you with our products/services.

Disclosures of your personal information to third parties

We may disclose your personal information to the following organisations for the purposes described above (as well as otherwise permitted or required under Australian law):

• our employees, related bodies corporate, contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise in connection with providing our products and services to you;
• our existing or potential agents, business partners or joint venture entities or partners (including for clarity as part of a corporate transaction such as a merger or sale of shares or assets);
• our sponsors, or promoters of any competition that we conduct or promote via our services;
• specific third parties authorised by you to receive information held by us;
• as required or permitted by any law (including the Privacy Act);
• any other organisation as expressly covered in our Privacy Policy.

Disclosures of your personal information to overseas recipients

Some recipients to whom we disclose your personal information may be based overseas, such as our service providers including cloud storage providers. It is not practicable to list every country in which such recipients are located but such countries may include the United States of America. We have taken reasonable steps to ensure that any overseas recipient of your personal information complies with the Australian Privacy Principles (APP).

By accepting this Collection Statement, you consent to us disclosing your personal information to overseas recipients.

Moshcam's Privacy Policy

Please see Moshcam's Privacy Policy for further details regarding:

• how you may access or correct any of your personal information collected by Moshcam; and
• how you may lodge a complaint with Moshcam for a breach of any APP or APP code, and how Moshcam will action such complaint.

If you have any queries, concerns or other questions regarding Moshcam's collection of your personal information, please contact Moshcam's Privacy Officer at: privacy@moshcam.com