1. Introduction

Welcome to Filmo. This agreement and all policies and additional terms posted on our sites (as described in Clause 2) set out the terms on which Filmo offers you access to and use of our sites, services, applications and tools (collectively "the Filmo services"). For information regarding the processing of personal data, please see our User Privacy Notice.

Before using the Filmo services, you must read and accept all of the terms in, and linked to, this agreement ("Agreement"). We strongly recommend that, as you read this agreement, you also access and read the hyperlinked information. If you have any questions, please contact Customer Service at admin@filmo.com.au.

The entity you are contracting with is:

• Filma Trading Pty ltd trading as “Filmo Trading” 

   

In this agreement, these entities are individually and collectively referred to as "Filmo", "we" or "us".

By accessing or using the filmo.com.au website and any related Filmo services, you agree to the following terms with Filmo. 

2. Scope

All of our policies and additional terms posted on our site are part of this agreement. It is important to ensure you read and understand these rules and policies, as well as any applicable terms for particular Filmo services that you choose to use. There may be specific rules or policies that apply to your Filmo activity, and it is your responsibility to check our Help pages and policies to make sure you comply.

In particular, when accessing or using our services, please ensure that:

• You are familiar with and acknowledge reading the Filmo Privacy Policy, where we have compiled all essential information about our handling of your personal data and your corresponding rights
• You are familiar with and agree to comply with Filmo's rules and policies, which provide the rules for trading on the Filmo app and website. 
• You are familiar with and agree to the terms and conditions related to specific services offered on our sites. These will be presented to you at the time you enter into the service and/or be clearly available via the relevant Filmo pages related to that service. These may include but are not limited to:
  • Sellers using Filmo's payment services also agree to the Payments Terms of Use
  • with the applicable payment entity as set out in those terms
  •  also agree to the applicable terms for that service

 

You should regularly review the terms of any applicable policies or services before using filmo.com.au.

 

3. Using Filmo

While using the Filmo services, you will not:

• post content or items in inappropriate categories or areas on our sites and services;
• infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
• use the Filmo services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Filmo services;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after your purchase, a clear typographical error is made or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other users' listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Filmo;
• post false, inaccurate, misleading, defamatory or offensive content (including personal information);
• take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to Filmo);
• list any financial products or financial services (as those terms are defined in the Corporations Act 2001), 
• transfer your Filmo account (including Feedback) and username to another party without our consent;
• share your sign-in credentials with any third parties. 
• distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
• distribute viruses or any other technologies that may harm Filmo or the interests or property of Filmo users;
• export or re-export any Filmo tools except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify or distribute rights or content from the Filmo services or Filmo's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

4. Prohibited items

Filmo is a curated marketplace. For a variety of reasons, we prohibit certain types of items from Filmo. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of Filmo. This policy explains what is prohibited or restricted on Filmo.

We have a zero-tolerance policy for prohibited items, particularly those that promote, support or glorify hatred, those that promote, support or glorify violence, or are unlawful. Sellers deemed to violate this policy can be subject to immediate account suspension or termination, in accordance with our Terms of Use.

By opening a Filmo shop, you’re agreeing to this policy and our Terms of Use. If Filmo has reason to believe you, Your Content, or your use of the Services violate our Terms, we may deactivate your content to some or all buyers or suspend or terminate your account (and any account Filmo determines is related to your account) and your access to the Services. Generally, Filmo will notify you that your content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

The following types of items are prohibited or restricted on Filmo:

1. Alcohol, Vapes, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
2. Animal Products and Human Remains
3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
4. Hate Items: Items that Promote, Support, or Glorify Hatred
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
6. Internationally Regulated Items
7. Nudity and Mature Content
8. Violent Items: Items that Promote, Support, or Glorify Violence
9. Unauthorised and Counterfeit Items 

In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on Filmo. We reserve the right to remove listings that we determine are not within the spirit of Filmo. Violating this policy may result in the member's selling privileges being suspended and/or terminated.

a. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Alcohol and drugs are prohibited on Filmo. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of Filmo.

The following are examples of items that may not be sold on Filmo:

• Alcohol.
• Tobacco products, smokeable products, e-cigarettes and e-liquid.
• Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
• Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporisers and their components.

• Medical drugs, regulated medical devices, and pharmaceuticals.

   

Restrictions on descriptions of purported health benefits:

A medical drug claim is a statement or suggestion that an item prevents, heals or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Filmo, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

Filmo prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Filmo may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If Filmo receives proper notice from a legal authority, we may remove an item. You can find more information on prohibited medical drug claims here.

b. Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on Filmo due to the risk of harm to live, companion, or endangered animals.

The following are examples of animal products that may not be sold on Filmo:

• Live animals.
• Items created using any endangered or threatened animal species.
• Items made from cat and dog parts or pelts as defined by Australian federal Law.
• Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilised ivory and woolly mammoth ivory.
• Items made from human remains or products from the human body, except for teeth, fingernails, and hair.

c. Dangerous Items: Hazardous Materials, Recalled Items and Weapons

For safety and legal reasons, we prohibit certain dangerous items from our marketplace.

Due to the potential harm caused by hazardous materials, as well as complex legal and delivery regulations surrounding such materials, hazardous materials are prohibited on Filmo.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

• Explosives (fireworks or sparklers)
• Explosive precursors
• Flammable items
• Gases
• Radioactive material
• Toxic substances (such as poisons)
• Individual or loose lithium ion batteries

 

Recalled Items or Items that May Pose a Health or Safety Hazard

Items that have been recalled by governments or manufacturers are prohibited from being sold on Filmo. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts and drop side cribs.

Items that may pose a health or safety hazard are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking, electrocution, or strangulation hazard. We rely on information from user reports and various government agencies to identify these items.

Weapons

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allowed on Filmo:

• Guns, knives, or other blatant weapons, even if they are vintage. See here for more information.
• Imitation firearms and weapons that look real or are prohibited by US law
• Examples of What is Allowed:
• Culinary knives or other knives used as tools

d. Hate Items: Items that Promote, Support or Glorify Hatred

We want Filmo to be a community where people of all backgrounds, nationalities, religions, political affiliations and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.

Filmo does not allow items or listings that promote, support or glorify hatred towards people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit items or content that promote organisations or people with such views.

The following items are not allowed on Filmo:

• Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate anti-gay, anti-immigrant, or Holocaust denial agendas.

• Items that contain racial slurs or derogatory terms in reference to protected groups.

   

Examples of What is Allowed:

Some items may contain symbols or terms associated with hate groups in a context unrelated to the group itself. We understand that these items are subject to a variety of valid and often conflicting interpretations of their educational, historical and artistic value. Recognising that there may be no consensus on their value and reserving the right to evaluate such items on an individual, case-by-case basis, the following types of items are generally allowed on Filmo:

Co-opted symbols, such as the swastika, when used in a peaceful or religious context (often in Hinduism, Buddhism, and Jainism). The item itself must possess features that clearly depict its cultural or religious origin or purpose.

A note on swastikas:

We are sensitive to the fact that there are many cultures throughout the world which use the swastika for legitimate purposes completely independent of Nazism. However, due to the widespread recognition of the Nazi swastika as a hate symbol, we have decided to only allow swastikas when part of a clear religious or cultural context.

e. Illegal Items, Items Promoting Illegal Activity and Highly Regulated Items

We respect the law and expect Filmo sellers to respect the law as well. Illegal items, items that promote illegal activity, and stolen items are not allowed on Filmo. Neither are certain items that are subject to complex legal regulations or registration systems. We require sellers to follow all applicable laws for the items they list. Listings may be unavailable for users in regions where the item is restricted to purchase or sell.

While not exhaustive, examples of items which may be subject to regulation include:

• Plants and seeds
• Children's products
• Food products

f. Internationally Regulated Items

Filmo provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.

When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licences, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.

Filmo reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations.

You should be aware that third-party payment processors, such as Stripe, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programmes. Filmo has no authority or control over the independent decision-making of these providers.

g. Nudity and Mature Content

We prohibit pornography, illegal or exploitative items, and intimate items. Beyond that, we allow but place restrictions on mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities by listing and tagging your items properly.

We prohibit items which are not aligned with Filmo’s brand and values, or which carry legal or other restrictions. Depictions of the sexualization of minors are prohibited. We also prohibit depictions of bestiality, incest, and non-consensual sex.

Pornography of any sort is prohibited on Filmo, whereas mature content is restricted. Although pornography can be difficult to define, an item generally qualifies as pornography when it contains printed or visual material that explicitly describes or displays sex acts, sex organs, or other erotic behaviour for the purpose of sexual arousal or stimulation.

We define mature content as printed or visual depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images (within reason; see also Violent Items), and explicit types or representations of taxidermy. Click here to read more about how to properly list and tag mature content. Not all nudity is considered mature, and examples are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.

When deciding whether mature content crosses over the threshold into pornography, we take into consideration the explicitness of depictions of sexual activity or content.

h. Violent Items: Items that Promote, Support or Glorify Violence

We want Filmo to be a safe place for everyone. While violent content can be a legitimate part of historical, educational or artistic expression, it should never be used to promote or glorify violent acts against others.

We do not allow items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm.

The following items are not allowed on Filmo:

• Items that glorify human suffering or tragedies, including items that commemorate or honour serial killers
• Items that attempt to exploit natural disasters or human tragedies
• Items that encourage, glorify, or celebrate acts of violence against individuals or groups
• Items that encourage self-mutilation, starvation or other self-harm
• Items that promote or endorse harmful misinformation

 

Examples of What is Allowed:

• Fictional literary or art work (such as zombies, vampires or other fictional works that tend to contain violence)

i.Unauthorised or counterfeit goods

We don't allow counterfeit items, replicas or unauthorised copies to be listed on Filmo. Items sold using a brand name or a brand logo must be original and made by the brand or manufactured on their behalf. 

Counterfeit products are illegal and not allowed on Filmo. These items may infringe on someone’s copyright or trademark.

Examples of counterfeit products include:

• A replica handbag, watch or pair of sneakers
• Knockoff electronics, such as headphones or accessories like a charging cable
• An unauthorised reprint of a trading card
• A T-shirt or mug printed with copyrighted images

 

Listings need to follow these guidelines:

• Take original photos that are large and clear, showing multiple angles and all details
• Do not hide or blur logos or any parts of the item
• Do not list an item if you are not certain it is authentic or if an authenticator has been unable to confirm its authenticity

 

Activity that doesn't follow Filmo policy could result in a range of actions including for example: administratively ending or cancelling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, loss of buyer or seller protections, and account suspension. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.

Listings which facilitate or promote illegal activity, such as:

1. Impersonation
2. Evasion of the detection of illegal activity

3. Fraudulent deception that is misleading of one's medical status, or that enables privacy infringement

    

Unauthorised replicas or copies of items are prohibited on Filmo. We consider counterfeit or unauthorised goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Additionally, we may consider up-cycled or repurposed items, even if using authentic materials, to be counterfeit if they are making use of a brand's name, logo, or protected design without their permission. Examples of prohibited counterfeit or unauthorised goods include replica luxury and non-luxury items like bags and branded apparel.

Personal information may not be sold, for instance as part of a data bank or mailing list. The sale of personal or government documents, such as credit cards, identification cards, and licences is also prohibited.

Given associated regulations, lottery tickets, cryptocurrency mining rigs, and current, exchangeable currency and postage may not be sold on Filmo. We also prohibit the sale of financial instruments such as stocks, bonds, and other securities. Handmade items containing any of these items in a usable condition are also not allowed. Collectible postage or currency that priced at less than $1,000 are allowed unless subject to legal or other restrictions. Collectible currency may not be offered as 'unsearched' or as a mixed lot of unknown contents. Additionally, due to complex legal restrictions that vary by location, Filmo does not permit the sale of real estate, housing, or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).

Items may not aid in impersonation. We prohibit realistic items that identify the wearer as an active law enforcement, military, or government official. It is also prohibited to facilitate the impersonation of a ride-share vehicle through the sale of rideshare company decals.

We prohibit items which are intended to evade the detection of illegal activity, such as radar detectors, number plate covers, and materials for faking drug tests.

Items meant to fraudulently deceive others about one’s medical status are prohibited. This includes items such as fraudulent test results, or items designating an animal as a service animal. We also prohibit items which deceptively infringe on someone’s privacy, such as concealed cameras or tracking devices, and lockpicking devices.

5. Abusing Filmo

Filmo and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

The availability of the Filmo services is dependent upon all users complying with applicable laws and Filmo policies which are designed to ensure that all users can enjoy the benefits of those services. In order to ensure the ongoing availability and benefits of the Filmo services for all users, you agree that, without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Filmo services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we reasonably consider that any conduct engaged in by such users creates or may create actual or possible legal liabilities, infringes the intellectual property rights of third parties, is inconsistent with the letter or spirit of our policies (for example, and without limitation, policies related to conducting off-Filmo transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users), amounts to an abuse of our staff, or adversely affects, hinders or prevents the provision of our services to other users. The actions we take will be commensurate with the nature of the issue we have identified and what is reasonably required to protect the interests of users of the Filmo services as a whole and the legitimate interests of Filmo as provider of the services. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Filmo services.

If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Filmo, you may be liable to pay a final value fee applicable to that item.

Filmo prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):

• Race
• Colour
• Ethnicity
• National origin
• Religion
• Gender
• Gender identity
• Sexual orientation
• Disability
• Any other characteristic protected under applicable law

 

It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Filmo does not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.

Whether you’re engaging with public features on Filmo, such as listing items, using community spaces, and writing reviews, or having direct communication with other members of the Filmo community, such as via Messages, discrimination and hate speech are not allowed. As a seller on Filmo, your shop content, including shop announcements and shop policies, can't display discriminatory behaviour toward protected groups. Examples of prohibited behaviour include, but are not limited to:

• Refusal of service based on membership in one or more protected group
• Expressing intolerance or a lack of respect for another member on the basis of protected group attributes
• Having a shop policy that excludes sales to members of one or more protected groups listed above
• Directly or indirectly making derogatory or demeaning remarks against protected groups listed above
• Racial slurs

• Posts that support or glorify hate groups and their members

   

If you think discrimination or hate speech has occurred on Filmo, please report it by contacting Filmo through the Contact Us form, and we will investigate. If you see a listing on Filmo which you believe violates our Prohibited Items Policy, including prohibited hate items, we encourage you to flag the item by using the Report this item to us. We have a timely review process for all reports.

6. Fees and services

Joining Filmo and making purchases on the platform is free. We do charge fees for using other services. 

The fees we charge sellers for using our services are listed below:

• commission fee of 10% on all transactions (excluding transaction fees)

   

We may change our seller fees from time to time by posting the changes on the relevant fee schedule(s). We will notify users who are materially affected by fee changes directly to the email address linked to their Filmo account. No advance notice will be required for temporary promotions, new services, or any changes that result in the reduction of fees.

If you do not accept the revised fees, you must immediately take steps to adjust your selling activity such as ending affected listings or closing your Filmo Store. Where you have outstanding listings at the time of the fee change taking effect and prior to closure of your account taking effect, you agree that the revised fees will apply to such listings unless and until you remove those listings or your account is closed, whichever occurs first.

If you are a seller, you are liable for fees arising out of all sales made using some or all Filmo services, even if sales terms are finalised or payment is made outside of Filmo. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Filmo, you will be liable to pay a fee of AUD100 applicable to that item.

Unless otherwise stated, all fees are quoted in Australian Dollars. You must have a payment method on file when selling using our services and pay all fees and applicable taxes associated with your use of our services by the payment due date. In the event that your payment method fails or your account is past due, the Filmo Payments Entities (as defined below) may collect amounts owed in the manner described in the Payments Terms of Use.

If you are an existing seller who has not yet registered to use the payment service as described in the Payments Terms of Use, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, and using any credits on your account.

In addition:

• You may be subject to late fees; and
• We may limit or suspend the services which Filmo provides to you, including by not displaying your listings.

7. Content

When you upload content to the Filmo app or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights) you have in the content, in any media known now or in the future, for the purpose of the conduct of Filmo's business insofar as Filmo, acting reasonably, determines is necessary – including for marketing purposes, the creation of buyer experiences onsite such as product pages and the display and rating of products, and in catalogues on its websites.

If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to Filmo and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“Filmo Authorised Persons”):

(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:

(i) in whatever form and in whatever circumstances Filmo and the Filmo Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and

(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and

(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

8. Trading on Filmo and limitation of liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold Filmo responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. We are not a party to the contracts for sale between buyers and third-party sellers. Unless otherwise expressly provided, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online.

When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not Filmo – are responsible for enforcing any rights that you may have.

You alone, and not Filmo, are responsible for ensuring that your listing, selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the Filmo services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Filmo services.

To the extent that Filmo is able to limit the remedies available under this Agreement, Filmo expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

• the supply of the services again; or
• the payment of the cost of having the services supplied again.

9. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Subject to other terms in this agreement, this release does not apply where Filmo's acts or omissions were a direct cause of the matters giving rise to the dispute.

10. Breach

Without limiting other remedies available to Filmo at law, in equity or under this Agreement, to protect our legitimate business interests we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to and being commensurate with the nature of the circumstances), delay listing your item, delete your listing, request additional information or documentation from you, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if any of the following circumstances arise (each of which will or may cause harm to our business and/or the rights and obligations of other users):

• you have, or we reasonably believe that you have, breached this Agreement, which includes any of our Policies in any way ;
• you have, or we reasonably believe that you have, breached the conditions of the Payments Terms of Use
• we are unable to verify or authenticate any information you provide to us;
• we reasonably believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
• we reasonably believe we need to do so to prevent fraud and abuse or for safety or security reasons; or
• a regulator has raised concerns about your listings or certain types of listings, and/or we reasonably believe that we need to do so in order to comply with a regulatory obligation or request; or
• We reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

 

If the nature of the action requires it, we will notify you of such action. In circumstances where we reasonably believe there are legitimate business reasons for withholding details of any investigation we conduct or any action we take in relation to your membership or your account (including but not limited to security, confidentiality and privacy reasons), we may be unable to provide you with notice of such action or provide you or other members with such details other than those that are already provided to you by us.

11. Returns 

Returns as a buyerBuyers can request a return or report that they didn't receive an item from their Purchase history.

If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.

Where a buyer is responsible for return postage costs, the buyer may elect to use an Filmo-generated postage label or purchase a postage label directly from a carrier. By choosing to use an Filmo-generated postage label, you (as a buyer) authorise Filmo to deduct the return postage costs from your refund amount.

Returns as a sellerSellers can create their own rules to automate returns, and refunds in certain circumstances. Where a return request is automatically accepted, an Filmo-generated return postage label will be provided to the buyer. You agree to comply with our returns requirements.

When an item is returned, or if a transaction is cancelled after payment has been completed, you (as seller) authorise the applicable Filmo Payment Entity to collect the amount of the reimbursement from you as described in the Payments Terms of Use in order to refund the buyer.

As a seller, you authorise and instruct us:

• to automatically accept a return request on your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy;
• to request your applicable Filmo Payment Entity as set out in the Payments Terms of Use
• to collect return postage costs from you if your returns have been automated and an Filmo-generated return postage label is used;
• to request your applicable Filmo Payment Entity as set out in the Payments Terms of Use
• to collect return postage costs from you, in cases where you are responsible for paying return postage;
• to request your applicable Filmo Payment Entity as set out in the Payments Terms of Use
• to reverse the refund amount (in same or other currency) in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing's return policy;
• to request your applicable Filmo Payment Entity as set out in the Payments Terms of Use
• to collect or reverse variable amounts (representing payments related to covered claims) to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency;
• to request your applicable Filmo Payment Entity as set out in the Payments Terms of Use
• to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) at any point during the resolution process (which may result in your applicable Filmo Payment Entity determining to restrict your access to funds in order to manage their risk exposure pursuant to their policies ;
• to request your applicable Filmo Payment Entity as set out in the Payments Terms of Use
• to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by charging you for the reimbursement amount; and
• to use credits on your account to pay for amounts you owe to Filmo.

 

You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on Filmo.

You must have a payment method on file with Filmo and you may change this payment method at any time. In the event that your payment method fails or your account is past due, the applicable Filmo Payment Entity may collect amounts owed in the manner described in the Payments Terms of Use.

If you are an existing seller who has not yet registered to use the payment service as described in the Payments Terms of Use, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, and using any credits on your account.

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for refund or reimbursement or instructing the applicable Filmo Payment Entity as set out in the Payments Terms of Use to deduct the outstanding amount from the proceeds of sales they hold on your behalf.

12. Restricting funds

You acknowledge that Filmo may incur costs or suffer loss as a result of conduct by you as a seller which is in breach of this agreement, including Filmo policies and/or which give rise to a claim by a buyer on Filmo. To protect against the risk of such costs or losses arising and/or to minimise the amount of any such costs or losses, the applicable Filmo Payment Entity as set out in the Payments Terms of Use  may restrict access to your funds based on the factors described in the Payments Terms of Use.

13. Access and interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Filmo by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Filmo services for any purpose without our express written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of Filmo and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

14. Payment Terms of Use

These Payments Terms of Use (“Payments Terms of Use”) set out the terms on which the Filmo Payment Entities set forth below offer you Payment Services (as defined below in Part I, Section 1) in relation to your use of the Filmo Services. Your use of the Filmo Services will continue to be governed by the User Agreement applicable to you. Capitalised terms used, but not defined, in these Payments Terms of Use have the same meaning as set forth in the User Agreement. The applicable User Agreement, related Filmo policies, or other agreements between you and us (for example, a billing agreement) may include provisions regarding your use of the Filmo Services without Managed Payments (as defined below) which may conflict with these Payments Terms of Use. You understand that, with respect to our Payment Services, these Payments Terms of Use supersede any and all such conflicting provisions. You agree to comply with these Payments Terms of Use when accessing or using our Payment Services.

These Payments Terms of Use are between you and the applicable Filmo Payment Entities, as set forth below. 

a. About Payments on the Filmo Services

You agree to have the Filmo Payment Entities receive or execute payments on your behalf in relation to your use of the Filmo Services, and manage settlement of related payments to you (referred to as “Managed Payments,” “Payment Services,” or similar names).

Buyers may pay for your items using payment methods such as the following, the availability of which may vary:

• Certain credit or debit cards (VISA, MasterCard, American Express, and Discover),
• PayPal,
• Google Pay,
• Apple Pay,
• Direct debit,
• “Pay Later” payment methods, otherwise known in some areas as payment via instalments, or “direct debit upon invoice” or “payment upon invoice,” or “Buy Now Pay Later”,
• Filmo coupons, gift cards, etc. (if applicable), or
• Funds held in a stored value account issued under Filmo’s Balance Terms and Conditions (currently only available to selected sellers residing or established in the United States). 

 

We may modify the scope of payment methods available at our sole discretion.

The underlying contract for the buyer’s purchase of “items” (which may refer to goods and/or services) from you is directly concluded between you and the buyer.

After a Managed Payments transaction occurs, you will receive a notification confirming such payment transaction. We will initiate settlement of proceeds received to your Linked Financial Account (as defined below in Part I, Section 4 “Seller Onboarding”). You can access the status of your Managed Payments transactions, including settlements and other payment information, under the Payments tab in the Seller Account, which will be available to you when you successfully onboard to Managed Payments. If a payment is made to you in error, or if you receive funds that you are not otherwise entitled to receive at the time of disbursement, we have the right to recoup such amounts from you.

b. Payout Currency

Your “Payout Currency” is the currency that we will use for settling your transaction proceeds to your Linked Financial Account. The currency used is Australian Dollars.

c. Seller Onboarding

In order to use our services, you must register and accept these Payments Terms of Use. If your onboarding is not immediately confirmed, you will receive notification that you have been approved to receive services once we have reviewed your information.

To use Managed Payments, you must:

• Link a financial account, so you may receive settlements of proceeds from Managed Payments to this account (“Linked Financial Account”). If you reside in Australia, your Linked Financial Account must be a bank or Stripe account based in your country of residence, or such other type of account or instrument (such as a debit card) that we may permit at our discretion.
• At this time, you may only use our Payment Services to receive disbursements to a Linked Financial Account. You may change your Linked Financial Account at any time as permitted by us. Payouts will be made to your Linked Financial Account subject to (i) your completion of the Linked Financial Account verification process, and (ii) the completion of our assessment for security and risk purposes and under our anti-money laundering and other legal obligations. Our assessment typically takes up to two (2) days after your completion of the verification process, or longer if any issues or irregularities arise in which case we will complete our assessment without undue delay. If you reside in an Additional Country and we offer you the option to receive payouts to more than one Linked Financial Account, we will allocate your payouts among your Linked Financial Accounts in conformity with your instructions. By adding a Linked Financial Account to your Filmo account, you represent and warrant that you are the lawful owner of, or have the lawful right to use, any Linked Financial Account you associate with your account. In certain circumstances, we may permit you to direct payouts to a Linked Financial Account owned or controlled by your legal representative. If you elect to receive payouts to a Linked Financial Account owned or controlled by a legal representative, you represent and warrant that the legal representative has the authority to receive payouts on your behalf, and you fully release us from any and all liability for losses you may sustain arising from disbursements made by us to the legal representative under these Payments Terms of Use.
• Provide us with all information which we may require for purposes that include: verifying your identity, complying with applicable laws and regulations such as anti-money laundering and sanctions screening obligations, allowing us to manage settlements of your transaction proceeds, and assessing fraud and risk. If you are an individual, this information may include, without limitation, your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification (e.g., a copy of your identity card or driver’s licence). If you are a business, this information may include, without limitation, your full business name, address, phone number, entity type, bank account information, tax identification number, and business number, in addition to details regarding your beneficial owner(s), director(s), officer(s), authorised representative, legal representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification You understand that we will be unable to settle your proceeds or issue you any tax documents if you do not provide or appropriately update us with accurate contact information and other requested data.
• Provide us with all information necessary to authenticate you or your payment transactions, which may include validation of your phone number or email. You understand that we may be unable to execute certain transactions or complete certain requests without this information.
• Maintain in a timely manner the accuracy of the information we have on file, and consent to our periodic updating of such stored information based on information provided by you, your bank, or other payments services providers. You will only provide us information about payment or settlement methods that you are authorised to use. You understand that if you update information such as your country of residency, you may need to repeat some or all of the onboarding steps described above to continue using Payment Services.
• Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and terms and conditions in connection with your use of the Filmo Services. You will not use Payment Services to move funds associated with gambling. You understand that some third parties (such as banks, credit and debit card issuers, credit and debit card networks, and payments services providers) may have their own terms and conditions for the payment or settlement methods you or buyers choose to use in connection with payments that we manage, such as terms and conditions that relate to the settlement of funds, chargebacks, prohibited items, and overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other actions taken by such third parties. You agree that we have no control over, or responsibility or liability for, such fees, delays, or actions.

You authorise us and our Affiliates to check information you provide to us, including by verifying the existence of your bank account and obtaining reports from, or comparing your information to, third-party sources. Such third-party sources may include without limitation, banks, credit agencies, data brokers, and other service providers. We reserve the right to close, suspend, or limit your account or rescind your access to any or all of our services in the event we are unable to obtain or verify any of this information. We are not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.

d. Shipping

When you receive notice that a buyer has paid for an item through a Managed Payments transaction, you must then ship or otherwise deliver your item in accordance with the agreed shipping method.

e. Returns and Cancellations; Refunds

If your buyer is entitled to a refund for a return or cancellation for a Managed Payments transaction, based on an agreement between you and the buyer or according to Filmo’s policies regarding such transaction, you authorise us to pay to the buyer the corresponding refund amount on your behalf.

f. Disputes

A buyer (or the owner of a payment instrument) may initiate a chargeback, direct debit reversal, or PayPal buyer protection claim, or otherwise asks their financial institution to open a payment dispute (all referred to solely within this Part I as “Dispute”) in connection with a Managed Payments transaction. The final outcome of the Dispute will be decided by the buyer’s financial institution. 

We will manage Disputes, as follows: When a Dispute is opened, we will notify you and ask you whether you choose to accept or challenge the Dispute. If you accept the Dispute, you agree to the reversal of the payment to the buyer. If you challenge the Dispute, Filmo will submit to the financial institution any relevant evidence you provide about the Dispute. You agree to provide timely information to assist in the Dispute resolution process and understand that your failure to provide requested information on the timeline we require and as specified by credit and debit card networks' and other payment service providers' rules could adversely impact the outcome of a Dispute investigation, up to complete forfeiture of the amounts in Dispute. If you accept the Dispute or if the buyer’s financial institution decides in favour of the buyer, the respective amount will be refunded to the buyer's original payment method and charged to us. You must reimburse us for such charges, unless you are eligible for seller protection in which case you are not held liable for amounts refunded to the buyer. If you choose to accept the Dispute, we may still decide to challenge the Dispute in our discretion and at no additional costs to you. 

Some payment institutions offer an optional arbitration process to contest the results of an individual Dispute. We may ask for your consent to participate in such an arbitration process. If you consent to chargeback arbitration, you authorise us to represent and defend you throughout the arbitration. You will be responsible for all costs and expenses (including reasonable legal fees and any arbitration fees assessed by third parties, arising from such arbitration proceedings), as agreed between you and us in each case, and you authorise us to pay these amounts on your behalf while the arbitration is pending. 

You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you reopen resolved Dispute investigations. If you are a consumer in Australia, or a Small Business within the definition of Small Business Contract (as defined in s23 of Schedule 2 – Australian Consumer Law of the Competition and Consumer Act 2010 (Cth)) (“Australian Small Business”) in Australia, your rights to file a complaint or to take legal action in court remain unaffected.

g. Fines, Penalties and Losses

We are unable to manage payments for prohibited and restricted items. Before listing your item, you must ensure it complies with Filmo’s rules, applicable laws, and any additional restrictions imposed by credit card associations, network rules, or third-party payments service providers that we may use.

You agree to indemnify and reimburse us for all reversals, chargebacks, claims, costs, losses, damages, fees, fines, penalties and other liabilities and expenses incurred by us or brought against us by a third party arising out of (a) your breach of these Payments Terms of Use or the User Agreement including without limitation any violation of Filmo’s policies; (b) your violation of any law or the rights of a third party; or (c) any transaction processed by us for you for an item or service you listed on Filmo (including without limitation the accuracy of your item description or any claim or dispute arising out of items or services offered or sold by you).

h. Holds

We reserve the right to manage the risks associated with providing you the Payment Services, by placing restrictions on your access to your funds when deemed necessary, as described in further detail below.

You agree that we may place holds on your funds or instruct a payment service provider to hold your funds, prior to disbursement. For the avoidance of doubt, if you receive funds to either a stored value account issued to you under Filmo’s Balance Terms and Conditions or to a payment account, a hold may also be placed on such funds. If a hold is placed on your funds, the amount and status of the hold will be displayed under the Payments tab in the Seller Hub/My Filmo. We will notify you through the Filmo Message Center and/or by email and, depending on the reason, may request additional information from you to help resolve the issue. A hold may be placed if we have reason to believe there is an increased risk associated with the provision of our Payment Services or with a certain Managed Payment transaction, for example if we cannot verify your identity or if your buyer files a dispute. We take into consideration relevant factors when assessing the risks including selling history, seller performance, returns and cancellations, chargebacks, riskiness of the listing category, transaction value, the ability to make direct debits from your Linked Financial Account, and the filing of Filmo Buyer Protection Program claims. We also may cancel or freeze the settlement of your proceeds as necessary to comply with our legal obligations in connection with fraud prevention, risk management, or regulatory compliance, or, upon lawful request by our Affiliates, to enable them to comply with legal obligations applicable to them. Any hold placed on your funds will be lifted when the issue is resolved.

i. Reserves

In order to manage risk or secure your obligations under these Payments Terms of Use, we have the right to require a reserve of transaction proceeds. This means that the respective portion of your funds is reserved as unavailable for disbursement. Reserves may be in the form of rolling and/or minimum reserves. 

• A rolling reserve is a reserve funded by withholding a set percentage of your transaction proceeds each day for a fixed period to be released to you later at a scheduled time on a rolling basis. For example, we may require a rolling reserve of 10% for a period of 60 days. Under this requirement, 10% of your transaction proceeds earned on day 1 will be withheld from your payouts and then be released to you on day 61. Subsequently, 10% of your transaction proceeds earned on day 2 will be withheld and then released to you on day 62, and so forth. Rolling reserves are the most common type of reserve. 
• A minimum reserve is a requirement to hold a specific amount of money in your reserve. A minimum reserve may be funded by contributing a set percentage of your daily transaction proceeds to the reserve up to the minimum requirement, or by setting-off the entire amount of the minimum requirement from your pending payouts. For example, if we require a minimum reserve of $5,000, the reserve may be funded by contributing 10% of your transaction proceeds to the reserve each day until the amount reaches $5,000. Alternatively, if your pending payouts equal or exceed $5,000, the minimum reserve may be funded by setting off the reserve requirement from your pending payouts at one-time in full.

We may require a reserve if we have reason to believe there is an increased risk of non-fulfillment of your obligations under these Payments Terms of Use. We take into consideration relevant risk factors before requiring a reserve, including, as applicable (i) your Filmo account history, (ii) whether the category you are listing in has a higher likelihood of chargebacks or refunds, (iii) whether your Filmo account has an elevated number of customer claims or disputes, (iv) your business and/or personal credit history (business sellers may be subject to credit agency checks), (v) whether you are selling products in advance of availability (pre-selling orders), and (vi) whether you have extended delivery time frames. Depending on your performance and the risk associated with your use of Managed Payments, a reserve may be raised, lowered, or removed at any time. The amount of each reserve (and any subsequent change) will be reasonably determined based on the seller-specific risk (including the volume of your sales). 

l. Our Liability

If we have acted with reasonable precautions and/or in accordance with our legal obligations, we are not liable for any unauthorised, incorrectly, unexecuted, or delayed payment transactions when such issues were caused by abnormal and unforeseeable circumstances beyond our control.

m. Signature

In instances where we are required to collect your signature to meet anti-money laundering and/or other legal requirements, we may (where not prohibited by applicable law) treat your acceptance of these Payments Terms of Use as the equivalent of you providing us your signature.

n. Security; Third-Party Providers; Data Protection

      1. Security

You acknowledge the importance of the security measures we put in place with regards to Managed Payments, and agree to comply with them. You are responsible for maintaining the security of all passwords, codes, or other login credentials used to access your Filmo account and the related Payment Services and, subject to Filmo’s seller protection policies, for any transactions made or actions taken using your Filmo account.

If you become aware of an unauthorised payment transaction or of a delayed or incorrectly executed transaction, you must notify us immediately by using a contact method stated in the “Introduction” of these Payments Terms of Use, above. If you notify us by telephone of such a transaction, we may request written confirmation immediately following the notification. The notification shall be free of charge.

       2. Third-Party Providers

We may use our Affiliates or third-party service providers (for example companies that process payments and disburse settlements, perform risk assessments or compliance checks, verify identity, or validate payment or settlement methods) in different locations to assist us in providing Managed Payments. Our Affiliates or third-party service providers may further outsource the services to other Filmo Affiliates or third-party service providers. In this context we may transfer your data to such Filmo Affiliates or third-party service providers to whom services are outsourced. At times, we may communicate to you through the Filmo Affiliate which provides the Filmo Services to you. For example, our Affiliate may notify you of a hold or other restrictions taken on your account. As relating to outsourced services, you hereby explicitly agree to our use of such Filmo Affiliates or third-party service providers to assist us in providing Managed Payments and the outsourcing of services in relation thereto (including the right to sub-outsource), and you accept that the obligation of secrecy does not exist with respect to the related transfer of data (e.g. contact details, account information, sales related information) to such Filmo Affiliates and third-party service providers. Our Affiliates and third-party service providers are either subject by law to a professional secrecy obligation, as provided by the law applicable to the Filmo Affiliates or third-party service providers, or will be contractually bound to comply with strict confidentiality rules. Customer data transferred in accordance with these purposes will only be accessible to a limited number of persons within the relevant Filmo Affiliates or third-party service providers, on a need to know basis. Regardless of whether we use Filmo Affiliates or third-party service providers, the appropriate Filmo Payment Entity remains responsible to you for the performance of the services contemplated under these Payments Terms of Use.

In conformity with our User Privacy Notice, we may also share information collected by us pursuant to these Payments Terms of Use with our Affiliates as necessary to enable your continued use of our Payment Services and the Filmo Services. Please view our User Privacy Notice for more information on the collection and processing of personal data, including details on processing purposes and legal bases under applicable data protection laws.

        3. Data Protection

Our performance of Payment Services entails the processing of your buyer’s personal data when a sale happens. With respect to such data processing, you, the Responsible Payment Entity, and the Payout Entity each act as a separate data controller/business under the applicable data protection laws (which may without limitation include, the General Data Protection Regulation, the California Consumer Privacy Act, or other data protection laws to which you are subject). You agree to: comply with your obligations as a data controller/business pursuant to the applicable data protection laws, and provide us with all such reasonable cooperation, information, and assistance as necessary for us to meet our requirements as a data controller/business.

o. Collection of Fees and Other Amounts You Owe

You authorise us to collect from you any amounts you owe us, our Affiliates (in particular the Affiliate which provides the Filmo Services to you), or third parties who, as separately authorised by you, provide services to you in connection with your use of the Filmo Services (such as shipping carriers), under these Payments Terms of Use, the User Agreement, any other service contract, policy, agreement or as required by law (referred to as “Owed Amounts”). Owed Amounts typically include the following:

• Fees;
• Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or “Fines, Penalties and Losses” in Section 7 above;
• Taxes or other charges related to your use of our or our Affiliates’ services, if applicable and required by law; and
• Amounts we incorrectly settled to you due to a payment processing error or otherwise (see Section 1 above).

 

For clarity, your authorization permits us to collect amounts which you already owe to us, our Affiliates or third parties as described above. This authorization does not establish any new claims for payment against you. In some cases, our Affiliates may assign a claim against you for payment of Owed Amounts payable by you to us.

Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis by the following means:

• Retaining such amounts from your current or future disbursements relating to any transactions that you may have in connection with any Filmo account owned by you;
• Recouping from your Linked Financial Account (and if required, by issuing a direct debit mandate or other similar authorization);
• Recouping from any other payment instrument or payment method you may have authorised or placed on file with us or our Affiliates (for example, to pay for seller fees, shipping labels, or dispute resolution);
• Recouping from your stored value account, if a stored value account has been issued to you;
• Recouping from your payment account, if a payment account has been issued to you (see Part III); and
• Retaining collections agencies or using other collections methods, if the collection by other means has been unsuccessful.

You authorise us to choose the method of collection among those listed above. We generally deduct Owed Amounts from your current or future disbursements we process on your behalf. If a stored value account or payment account has been issued to you, we will deduct the Owed Amounts from funds held in the relevant stored value account or payment account before disbursing the funds to you. If your disbursements awaiting payout or funds held are not sufficient to cover these amounts, we will charge your Linked Financial Account or another payment method on file. If you have several payment instruments on file, you may indicate a specific payment instrument as your preferred payment method for collecting Owed Amounts in your Filmo account.

You also authorise the Affiliate whom you have entered into the User Agreement with for the provision of Filmo Services to charge you for any Owed Amounts on our behalf from any payment method you may have on file with such Affiliate.

If our attempt to recoup an Owed Amount from a payment instrument you have authorised us to use fails as a result of your acts or omissions, we may charge you for the failed attempt as set forth on the Fee Page or as applicable in Parts IV and V below.

p. Term, Termination

These Payments Terms of Use are effective indefinitely, unless terminated in accordance with the below.

We may terminate these Payments Terms of Use by giving written notice fourteen (14) days prior. However, we may also terminate these Payments Terms of Use on less notice or with immediate effect in the following scenarios:

• We are required to do so by law or a court order,
• A governmental authority requires us to do so to comply with anti-money laundering or counter-terrorism financing obligations,
• We have reasonable grounds to believe you are carrying out a prohibited or illegal activity (including, but not limited to, financial crimes such as fraud, bribery, corruption money laundering, or sanctions violations),
• We are unable to verify your or your business’s identity, or any other information pertaining to you, or
• You are otherwise in breach of a material contractual obligation of these Payments Terms of Use, or seriously or persistently violating any provisions of these terms in any other way.

If you give notice of termination to one Filmo Payment Entity, such notice shall also be deemed as a termination notice to the remaining Filmo Payment Entities.

Your use of the Filmo Services as a seller requires continued registration for Managed Payments. Should you therefore terminate this agreement, you will not be able to use the Filmo Services provided by our Affiliates. Our Affiliates which provide you the Filmo Services according to the User Agreement may terminate the User Agreement pursuant to the termination provisions therein. 

Termination of this Agreement shall not affect the rights or liabilities of either party accrued until termination and/or any terms intended (expressly or implicitly) to survive termination, including your obligation to pay amounts owed to us relating to your activities prior to termination and our right to collect from you such amounts in accordance with these Payments Terms of Use. If there are pending payment transactions at the time the termination takes effect, they will be processed pursuant to terms of these Payments Terms of Use unless prohibited by law. As of the effective date of the termination, you will not be able to sell any items on Filmo Services anymore.

q. Assignment

In our sole discretion, we may assign our rights and obligations under these Payments Terms of Use and, in such event, we will notify you accordingly.

15. Payment services

Payments for goods and services sold using the Filmo services are facilitated by designated Filmo entities (each an "Filmo Payment Entity") pursuant to the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to you. To receive payment for an item sold using our services, you must accept and comply with the Payments Terms of Use, including the requirements to provide the applicable Filmo Payment Entities information about you, your business, and the financial account you will use to receive payments.

If you are a buyer:

• You may pay for such items and services using the payment methods that the Filmo Payments Entities make available, and the Filmo Payments Entities will manage settlement to sellers. Buyers agree and understand that payments received by the applicable Filmo Payments Entity from buyers (via third parties such as credit and debit card issuers and payments service providers) are received on behalf of sellers and satisfy buyers' obligations to pay sellers in the amount of payments received.
• In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with Filmo's internal risk controls or due to potential violations of any policy of Filmo or the Filmo Payments Entity, or a policy of one of the Filmo Payments Entity's third-party payments services providers.
• Filmo, the Filmo Payments Entity or its affiliates may save payment information, such as credit card or debit card numbers and card expiry dates, entered by you on Filmo services when you make a purchase, redeem a voucher, or make any other transaction on Filmo services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on Filmo services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method under Payments in My Filmo. You are responsible for maintaining the accuracy of information we have on file, and you consent to Filmo updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorised to use.
• You may seek returns or cancellations. If you are entitled to a refund, the Filmo Payment Entity will issue the refund if the Filmo Payment Entity processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
• You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the Filmo Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with payment transactions on Filmo. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the Filmo Payment Entity has no control over, or responsibility or liability for, such fees or actions.

16. Tax on consumer purchases

Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, Value Added Tax (VAT) or other taxes that apply to items bought on Filmo. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office , your local tax or customs authority, or seek independent tax advice.

In any jurisdiction where Filmo has an obligation to collect tax on consumer purchases made using our services:

• Filmo may add the applicable tax to the item price displayed to the buyer;
• Filmo will display the tax amount at checkout once the buyer's order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
• Filmo will collect this tax amount via any means available to us, including collection through the applicable Filmo Payment Entities in the manner described in the Payments Terms of Use, and remit the tax to the relevant authority.

 

As a buyer, you acknowledge and agree that tax may apply on top of the seller's item price, and that you will have the opportunity to review this before finalising your order.

As a seller, you acknowledge and agree that where Filmo has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by Filmo.

17. Closing your account

You may close your Filmo account at any time, subject to:

• not having any outstanding items listed on the website; and
• resolving any outstanding matters (such as a suspension or restriction on your account); and
• paying any outstanding fees owing on the account.

18. Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Filmo User Privacy Notice. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us  and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Filmo User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; MarketingIf Filmo provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

19. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Filmo services.

20. No agency

Filmo is not your agent for any purpose in relation to this Agreement or your use of the Filmo services.

21. Notices

Legal notices must be served on Filmo's registered agent (in the case of Filmo) or to the email address you provide to Filmo during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given three days after the date of mailing.

Any notices to Filmo's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to Filmo Trading Pty Ltd, 201/2 Queen St, Melbourne VIC 3000, Fax: +61 3 9017 8918.

22. Legal disputes

If a dispute arises between you and Filmo, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to Filmo's registered agent. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputesThis Agreement will be governed in all respects by the laws of Victoria. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Filmo irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

23. General

Filmo is located at 201/2 Queen St, Melbourne VIC 3000. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.

This Agreement contains the entire understanding and agreement between you and Filmo. The following Clauses survive any termination of this Agreement: Fees and services (with respect to fees owed for our services), Release, Content, Trading on Filmo and limitation of liability, Indemnity and Legal disputes.

24. Updates to this User Agreement

We may amend this Agreement at any time by posting the amended terms on Filmo.com.au. We will notify you of any material amendments directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted.

Filmo rules and policies and additional or other terms for Filmo services that form part of this Agreement may also be changed from time to time by posting the amended terms on filmo.com.au. The time frame for amended policy terms to come into effect and the way in which we notify you of material amendments will depend on the nature of the change and the circumstances giving rise to the need to change the policy. For example, policies may come into immediate effect as a result of urgent public health or safety requirements, or when the policy has been updated for clarity but without changing our guidelines.

If you do not accept the changes, you should take steps to adjust your activity or close your account in accordance with Clause 17 of this Agreement. Where you have outstanding listings at the time of the amendment taking effect and prior to closure of your account taking effect, you agree that the amendments will apply to such listings unless and until you remove those listings or your account is closed, whichever occurs first.