1 GSDtv is a video on demand subscription service that provides its customers with access to a niche range of documentaries, vlogs, episodes, programs and other GSD related content for streaming over the internet to certain internet connected devices. A list of the current supported internet connected devices can be found here (“Supported Device”). We may change the list of Supported Devices from time to time.
1.2 The GSDtv Service is provided by Blackstone Studio (ABN 84 154 740 313)
2.1 This Agreement governs your use of the GSDtv Service and your use of the Software (as defined in clause 7.1 below). By creating an account to access the GSDtv (“Account”) you agree to be bound by the terms of this Agreement.
2.2 This Agreement incorporates:
(a) your Account details;
(b) these terms and conditions;
(d) our Collection Statement; and (e) the URL’s referred to in these terms and conditions.
2.3 We may change the terms of this Agreement at any time. We will notify you of any material change prior to the date such change comes into effect. If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 9.2 below.
2.4 You can contact us via help.GSDtv.com.au at any time to obtain a copy of the current version of this Agreement.
2.5 This Agreement continues quarterly unless you cancel or we terminate this Agreement in accordance with the terms of this Agreement.
3. Eligibility and Access
3.1 To create an Account which will allow you to subscribe to the GSDtv Service, you must:
(a) be at least 18 years of age;
(b) provide us with your email address;
(c) provide us with the details of your valid credit/debit card (“Valid Card”) or Stripe account (each a “Payment Method”); and (d) have an Australian residential address and provide us with your postcode.
3.2 To access the GSDtv, you must:
(a) set up an Account;
(b) subject to the specific terms of any Promotional Offer (as defined below), pay the monthly Subscription Fee (as defined below) in accordance with clause 6 below.
3.3 To get the most from your GSDtv Service, we recommend an effective internet line speed of 3.0Mbps for SD Content, 5.0Mbps for HD Content, and 15.0Mbps for 4K.
4. Subscription Plans
4.1 GSDtv offers different subscription plans for the GSDtv Service (“Subscription Plan(s)”). A different monthly subscription fee (“Subscription Fee”) applies to each Subscription Plan. Information on the inclusions within each Subscription Plan is available at GSDtv.com.au
4.2 You can choose your Subscription Plan when you create your Account.
4.3 If you already have an Account then you can change your Subscription Plan by visiting my.GSDtv.com.au.
4.4 If you change your Subscription Plan we will commence charging your Payment Method the then current Subscription Fee for the Subscription Plan you are using at the commencement of your next monthly subscription period in accordance with clause 6 below.
5. Promotional Offers
5.1 Your access to the GSDtv Service including your Subscription Plan may include a free trial period or other promotional discount or benefit (“Promotional Offer”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer in our absolute discretion. Promotional Offers may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, this Agreement. We may charge for Promotional Offers based on the then current monthly Subscription Fee for your Subscription Plan if we consider that the Promotional Offer is being abused.
5.2 Free trials are open to new subscribers only.
5.3 It is your responsibility to know:
(a) when your free trial period ends; and
(b) the applicable Subscription Fee for your Subscription Plan.
5.4 We will commence billing you the monthly Subscription Fee for your then current Subscription Plan in accordance with clause 6, unless you cancel your Account before the end of the free trial period.
6.1 By creating your Account and providing us with the details of your Payment Method, you authorise us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan in accordance with this clause 6.
6.2 The Subscription Fee for your Subscription Plan will be charged to your Payment Method in advance of each monthly subscription period.
6.3 Your first monthly subscription period starts when you
(a) create your Account, or if your Account commences with a free trial period, immediately after expiry of your free trial period
(b) pay your first monthly Subscription Fee from your Payment Method.
6.4 At the end of the first monthly subscription period and each monthly subscription period thereafter, we will automatically renew your monthly subscription and charge your Payment Method the monthly Subscription Fee unless and until you cancel your Account. If you created your Account on the 29th or 30th of the month, your Payment Method will be charged the monthly Subscription Fee on the anniversary of such date in each month except for February, where your Payment Method will be charged the monthly Subscription Fee on the last day of the month. If you created your Account on the 31st of the month, your Payment Method will be charged the monthly Subscription Fee on the last day of each month.
6.5 Unless expressly stated otherwise, all Subscription Fees are GST inclusive. If your chosen Payment Method is your Valid Card, to ensure your Valid Card is not being used fraudulently, we may validate your Valid Card with a small pre-authorisation. This will result in the funds available on your Payment Method account being reduced by this amount. These funds are held by your card issuer. It may take some days for the validation amount to be re-adjusted on your Payment Method account.
6.6 You must ensure that the details of your Payment Method remain accurate and up to date. You can change your Payment Method details by visiting my.GSDtv.com.au.
6.7 We may increase the Subscription Fee for the Subscription Plan you are currently subscribed to at any time by giving you at least one calendar months’ notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).
6.8 If we are unable to collect the Subscription Fee from your Payment Method for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the GSDtv Service without giving you notice.
6.9 If we are able to collect the Subscription Fee from your Payment Method during a period of suspension under clause 6.8 (including without limitation where you provide us with new or updated details of your Payment Method) we will reinstate your access to the GSDtv Service and your new monthly subscription period will commence on the date we successfully charge your Payment Method.
7. Usage and Your Account
7.1 The GSDtv Service, the Software and any Content that you view via the GSDtv Service are for your personal and non-commercial use only. We grant you a limited, non-exclusive, personal and non-transferable license to:
(a) access the GSDtv Service and view Content through the GSDtv Service on a streaming or Temporary Download basis (as defined below); and
(b) install and use any software and/or applications (including, without limitation the GSDtv App) provided to you by or on behalf of us in connection with your use of the GSDtv Service (“Software”) in object code form only solely for the purpose of accessing the GSDtv Service and viewing Content through the GSDtv Service, subject to the terms and conditions set out in this Agreement.
7.2 You must not download Content except:
(a) for a temporary buffer required to overcome variations in stream bandwidth
(b) for the temporary download of Content to a Supported Device subject to our download requirements (Temporary Download). Information in relation to our download requirements can be found via help GSDtv.com.au
7.3 Except as expressly authorised under the terms of this Agreement or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivative works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the GSDtv Service, GSDtv Website or the GSDtv App.
7.4 You must only use the GSDtv Service (and view any Content on the GSDtv Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.
7.5 Except for the limited licence granted under clause 7.1 above, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.
7.6 You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures employed by the GSDtv Service.
7.7 You can view and change your Account details, including information about billing, payment and your registered Supported Devices, by visiting my.GSDtv.com.au.
7.8 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the GSDtv Service (including your internet and mobile usage when Temporarily Downloading Content). Please contact your internet service provider or mobile telecommunications provider for details of your account access fees, data charges and other costs.
7.9 The quality of the display of Content, and the time it may take to commence or resume watching Content, may vary from time to time and between Supported Devices, based on factors including (but not only) your location, internet speed or bandwidth and the type of Supported Device. Not all Content is available in HD. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.
7.11 The Content on the GSDtv Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.
7.12 You must keep your Account details private and must not share these details. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.
7.13 As a web based service, we may undertake maintenance or upgrades to the GSDtv Website from time to time, and there may be unplanned outages to the GSDtv Website. Such maintenance, upgrades or outages may affect your ability to access the GSDtv Service. We will use our reasonable endeavours to limit such incidents.
7.14 From time to time, you may be required to upgrade the Software to continue using the GSDtv Service. If you decline an upgrade, you may not be able to use or access the GSDtv Service.
7.15 You must not remove any proprietary notice of us or any of our licensor from the Content, the Software or the GSDtv Website.
8.1 We will provide classification information as required by law with each piece of applicable Content available on the GSDtv Service. You accept full responsibility for reviewing all classification information supplied for each piece of Content for the purpose of informing, and where appropriate safeguarding, other viewers of the Content, including children.
9. Suspension and Cancellation
9.1 You may cancel your Account at any time by visiting gsdtv.net and clicking “Cancel my subscription”. If your Account commenced with a free trial and you cancel your Account during the free trial period, cancellation is effective immediately and your Account will be closed and your access to the GSDtv Service will be disconnected from the date you cancel. If your Account did not commence with a free trial or you cancel your Account at any time after the end of your free trial, cancellation is effective at the end of the current monthly subscription period and your Account will be closed and your access to the GSDtv Service will be disconnected from this date. You will not receive a refund of any fees or other amounts already paid to us when you cancel, except in the circumstances described in clause 9.2 below.
9.2 If you wish to cancel as a result of us changing this Agreement in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that change. Your cancellation will be effective as of the date of the change to this Agreement, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
9.3 We may cancel this Agreement or your Account at any time. Except as set out in clause 9.4 below, if we cancel this Agreement or your Account, you will be able to access the GSDtv Service for the remainder of the current monthly subscription period unless we cancel this Agreement or your Account during the free trial period (if any), in which case, we will cancel your Account and your access to the GSDtv Service immediately.
9.4 We may immediately suspend, restrict or cancel your Account or access to the GSDtv Service:
(a) where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;
(b) if you use the Content or the GSDtv Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors;
(c) if you breach any term of this Agreement; or
(d) if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.
10. Intellectual Property
10.1 All content on or available through the GSDtv Service (including the Content, and all other works, subject matter and other material comprising or available on the GSDtv Website and the GSDtv Apps) and the Software is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of the GSDtv Service and Software is subject to, all relevant intellectual property laws.
10.2 We take the infringement of copyright and other intellectual property rights very seriously. We reserve the right to take all steps necessary to prevent the unauthorised copying, distribution, reproduction, transmission, communication or exploitation of the Content or the Software.
11.1 To the maximum extent permitted by law (but subject to clause 11.2):
(a) the GSDtv Service and all Content and Software and any other features or functions associated with the GSDtv Service, are provided “as is” and “as available” with all faults and without warranty;
(b) we do not make any promises or assurances to you about the GSDtv Service, the Content or the Software, including without limitation that your use of the GSDtv Service or the Software will be uninterrupted or error-free;
(c) we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the GSDtv Service, the GSDtv Website and we do not accept any liability in relation to your reliance on such information, advice or other content;
(d) all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the GSDtv Service or otherwise in connection with this Agreement are expressly excluded;
(e) we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the GSDtv Service (including the GSDtv Website).
11.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. The GSDtv Service comes with statutory guarantees under consumer protection laws that cannot be excluded.
11.3 You are responsible for all acts and omissions of any person who uses your GSDtv Service.
11.4 You indemnify us from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with:
(a) our supply, suspension, restriction or cancellation of the GSDtv Service or your Account; or
(b) your use of the GSDtv Service, including in connection with any content, information or other material posted on the GSDtv Website from your Account, or any other information you provide to us,
unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default, negligence or breach of this Agreement.
13.1 We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement.
13.2 You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.
13.3 This Agreement is governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Last Updated 2 August 2018