TERMS & CONDITIONS

Welcome to the Wide Angle Tasmania Website. This Website is owned and operated by Wide Angle Tasmania (ABN 73 144 709 261) (Wide Angle).

Wide Angle administers the public fund known as the Wide Angle Donations Fund (Public Fund). The Public Fund has been endorsed as a Deductible Gift Recipient under Subdivision 30-BA of the Income Tax Assessment Act 1997 and Wide Angle and the Public Fund are listed on the Australian Charities and Not-for-profits Commission register.

These Terms and Conditions govern:

(a) your use of the website;
(b) the making of Donations; 

(c) Wide Angle’s collection of information from you and the use of that information; and
(d) certain obligations of Filmmakers, which may be set out in a separately executed document.

Filmmakers Grant Undertaking.

1. DEFINITIONS

The following definitions apply unless the context requires otherwise.

Application Fee has the meaning given to that term in clause 6.

Approved Tasmanian Film has the meaning given to that term in clause 4(b).

Charitable Purposes includes the following charitable objects of Wide Angle in advancing Tasmania’s culture:

(a) Encouraging Tasmanians to participate in screen culture and production

(b) Developing screen production and storytelling skills in the Tasmanian community

(c) Creating opportunities for Tasmanians to make and exhibit programs

(d) Providing advice and be a hub for those seeking access to Tasmania’s screen culture.

Consequential Loss means any loss not arising naturally and not arising according to the usual course of things, from the relevant breach or acts or omissions.

Deductible Gift Recipient has the meaning given to that term in the Income Tax Assessment Act 1997.

Donation includes a tax-deductible gift as that term is commonly used by the Australian Taxation Office (and includes monies property or benefits provided by a public or private ancillary fund referred to in the definition of Donor) which is given, or is to be given, by a Donor, and which is received by the Public Fund through the donation functionality on the Website or otherwise.

Donor means any individual, foundation, charity, organisation or corporation which makes, or wishes to make, a Donation. A Donor includes public or private ancillary fund whose objectives, powers or purposes enable the provision of monies, property or benefits to the Public Fund.

Filmmaker means any person who is a Tasmanian Resident and is, or intends to be, a maker of an Approved Tasmanian Film. For the avoidance of doubt a maker of an Approved Tasmanian Film can include a director, writer or producer or legal entity associated with the maker of the film, at the discretion of Wide Angle Tasmania.

GST has the meaning given in section 195-1 of the GST Act.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Input Tax Credit has the meaning given to that term in the GST Act.

Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semiconductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in confidential information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

Law means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time, whether made by a State, Territory, Commonwealth, or a local government, and includes common law and the principles of equity as applicable from time to time, and any applicable legally binding industry codes of conduct. Law includes conditions relating to Wide Angle Tasmania and the Public Fund being listed on the Register of Cultural Organisations maintained under Subdivision 30-F of the Income Tax Assessment Act 1997.

Liability has the meaning given to that term in clause 8(b).

Loss means all losses, Consequential Loss, liabilities, fines, penalties, damages, claims, and all related costs and expenses (including any and all legal fees on a solicitor and client basis, and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties).

Screen Project means any project which will be communicated through any screen media including but not limited to video games, animation, television programs, documentaries and series, feature films, short films and other short form content.

Significant Tasmanian Content means that Wide Angle must be satisfied that the project has a significant level of Tasmanian content, which includes consideration of the following:

• the subject matter of the film

• the place where the film was made

• the nationalities and places of residence of the persons who took part in the making of the film

• the details of the production expenditure incurred in respect of the film, and

• any other matters that we consider to be relevant.

Tasmanian Film means a Screen Project on which the Filmmaker is a Tasmanian Resident and is also a director, writer or producer or a legal entity associated with the Filmmaker, at the discretion of Wide Angle Tasmania.

Tasmanian Resident is a person whose principal place of residence is in Tasmania at the date of application and has been so for the six consecutive months prior to submitting the application for Wide Angle Tasmania Grant funding. For the avoidance of doubt, the principal place of residence is where You are registered to vote.

Taxable Supply has the meaning given to that term in the GST Act.

Terms and Conditions means these terms and conditions which govern Your use of the Website and/or the performance by Documentary Australia of its functions and roles in accordance with clause 3.

Website means the website of Wide Angle with the universal resource locator at https://widenangletasmania.org.au.

Wide Angle Tasmania Grant means the amount determined by Wide Angle and granted by it from the Public Fund to a Filmmaker in respect of an Approved Tasmanian Film.

Wide Angle Tasmania Grant Undertaking means the undertaking by a Filmmaker in the form of Schedule 1 to these Terms and Conditions.

You or Your means a user of the Website, and as applicable:

(a) a Filmmaker; or
(b) a Donor;

(c) viewer of the website.

2. ACCEPTANCE

(a) If You are a user of the Website, You are deemed to have accepted and agree to be bound by these Terms and Conditions (including any amendment to these Terms and Conditions) when You access or use the Website.

(b) If You are a Filmmaker, You are deemed to have accepted and agree to be bound by these Terms and Conditions when You pay the Application Fee.

(c) If You are a Donor, You are deemed to have accepted and agree to be bound by these Terms and Conditions when you make a Donation.

3. WIDE ANGLE’S FUNCTIONS AND ROLES

(a) In furtherance of its Charitable Purposes, Wide Angle operates under its vision of a community that celebrates, values and supports Tasmanian Films and Tasmanian Filmmakers, and its purpose, which is to reflect and shape Tasmanian culture through Tasmanian film and champion Tasmanian filmmakers. Wide Angle aims to inspire and nurture partnerships between Donors and Filmmakers subject to Law. Wide Angle provides guidance to enable Donors and Filmmakers to work together to achieve their goals. Wide Angle seeks to amplify the reach of documentary films by connecting Filmmakers with their Donors and broader communities.

(b) Wide Angle assesses and approves Approved Tasmanian Films for listing on the Website for the purpose of the Filmmaker securing potential philanthropic support by means of Wide Angle Tasmania Grants.

(c) Wide Angle procures, receives, receipts and manages Donations from Donors. All Donations are paid into the Public Fund, and subject only to clause 7, all Donations are passed on to Filmmakers by Wide as Wide Angle Tasmania Grants.

4. PROVISIONS FOR FILMMAKERS

This clause 4 applies to You if You are a Filmmaker.

(a) If You wish to apply for a Wide Angle Tasmania Grant, You must create an account through the Website, complete and submit a Tasmanian Film project application and pay the Application Fee.

(b) Wide Angle will assess Tasmanian Film projects to determine whether a Tasmanian Film is suitable for philanthropic support by Donations through Wide Angle. The Tasmanian Film must be made in Tasmania or otherwise include Significant Tasmanian Content and have an ABN.If a determination is made by Wide Angle in favour of that support, an eligible Tasmanian Film project will be listed on the Website (an Approved Tasmanian Film).

(c) You acknowledge that in determining that a project is an Approved Tasmanian Film, Wide Angle is neither the maker nor publisher of that Tasmanian Film project, and Wide Angle takes no responsibility for and does not necessarily endorse the content of that Tasmanian Film project, including where Wide Angle provides executive producer services in relation to an Approved Tasmanian Film . As Filmmaker, You are solely responsible for content, licensing and publication of an Approved Tasmanian Film and you acknowledge the Intellectual Property Rights licence that You grant to Wide Angle and the representation and warranty you give Wide Angle in clause 10.3(b) below.

(d) You acknowledge that the Application Fee is not refundable.

(e) If Wide Angle has determined to make a Wide Angle Tasmania Grant to You in accordance with these Terms and Conditions, we may request that You enter into a Wide Angle Tasmania Grant Undertaking. If for any reason, You fail to execute a Wide Angle Tasmania Grant Undertaking, You acknowledge that by paying the Application Fee, You are deemed to be bound by the Wide Angle Tasmania Grant Undertaking and that it may be enforceable against You. We will use reasonable endeavours to bring the terms of the Wide Angle Grant Undertaking to Your specific attention, but we are not bound to do so.

(f) You acknowledge that the continued listing of Your film as an Approved Tasmanian Film on the Website is not guaranteed by Wide Angle.  We may, at any time and in our absolute discretion, review whether an Approved Tasmanian Film remains suitable for philanthropic support by Donations through Wide Angle.  As a result of that review, and without being under any obligation to give reasons to a Filmmaker, Wid Angle may either make your film private on our Website (so that it may only be accessed by You and by potential Donors by use of a password) or remove the Approved Tasmnaian Film from the Website. Without limiting our discretion, we intend to use this power of making private or removal from the Website to manage limited or unusual circumstances where, for example, you are in breach of these Terms and Conditions or the Wide Angle Tasmnania  Grant Undertaking or the continued availability of the Approved Tasmanian Film on our Website or the continued association between the Filmmaker and Wide Angle through our Website could damage the reputation of Wide Angle or place the continued DGR status of Wide Angle at risk.

5. MAKING A DONATION

(a) This clause 5 provides information on making Donations to the Public Fund.

(b) If You wish to make a Donation to the Public Fund for the first time, You can make a Donation by clicking on the DONATE button on the Website. When You click on the DONATE button, You accept these Terms and Conditions, in particular the conditions at paragraph (e) below. You can also Donate via credit card online or via direct deposit or cheque. Subject to Law and the particular requirements of Donors, all Donations are tax deductible.

(c) Each Donation must be approved by Wide Angle in order to comply with its obligations as the operator of the Public Fund which is a Deductible Gift Recipient endorsed by the Australian Taxation Office. While Wide Angle will use reasonable endeavours to approve each Donation within 24 hours, Wide Angle cannot guarantee a specific timeframe within which a Donation is approved.

(d) Once a Donation is received by the Public Fund, You will be issued a receipt evidencing Your tax deductible Donation.

(e) All Donors accept the following terms and conditions in relation to a Donation: 

(i) the Donation must be unconditional and the Donor acknowledges that it cannot receive any benefit, advantage, right or privilege in return for the Donation;

(ii) the Donor acknowledges that whilst there is no guarantee, it is its preference that the board of ide Angle takes its wishes into consideration and approves a Wide Angle Tasmania  Grant to its preferred recipient(s) with the proceeds of the Donor’s Donation;

(iii) any preferred recipient Filmmaker of an Approved Tasmanian Film that has been nominated by the Donor is not a family member, partner or spouse of the Donor;

(iv) the Donor represents that it does not stand to gain any material benefit as a result of its preferred recipient Approved Tasmanian Film being made, nor does it have any editorial influence or control over the preferred Approved Tasmanian Film or preferred Filmmaker;

(v) the Donor acknowledges that refunds cannot be issued for a Donation, and that Wide Angle will contact the Donor regarding other options should the Donor’s preferred recipient not be approved.

(f) Any Donor that wishes to do more than express a preference, for example to attach conditions to a grant of funds to a Filmmaker, accepts that it may not be able to claim a tax deduction and that the monies granted may not be credited to the Public Fund. Wide Angle will enter into a separate agreement with that Donor to ensure that the wishes of the Donor will be met in those circumstances.

6. FEES PAYABLE BY FILMMAKERS

The fee payable by a Filmmaker for each new film application for listing on the Website is $50.00 including GST (Application Fee). The amount of the Application Fee may be amended by Wide Angle by amendment to these Terms and Conditions without further notice. Any amendment to the fee will not affect Application Fees already paid.

7. OPERATIONAL EXPENSES

(a) A small percentage of any Donation may be paid out of the Public Fund from time to time to fund the operational expenses of Wide Angle of administering the Public Fund and furthering its objectives. The amount or timing of any such retention payment will be determined by Wide Angle from time to time.

(b) As at the date of these Terms and Conditions, the following percentages will apply as a retention to fund operational expenses: 

(i) Subject to paragraphs (ii) and (iii) below, for a Donation up to $150,000, a 5% retention will apply;
(ii) For a Donation greater than $150,001, a 2.5% retention will apply; and
(iii) For a Donation less than $150,001, but where the board of Wide Angle is satisfied, in its absolute discretion, that the Donor is likely to donate more than $250,001 in the same financial year as the initial Donation, a 2.5% retention will also apply.

(c) In certain circumstances where Wide Angle has sourced a Donation, the percentage amount of the Donation that may be deducted from the Public Fund by Wide Angle for its operational expenses may be an amount of 15% or a flat fee as agreed.

(d) The percentages specified in this clause 7 may be amended (or repealed entirely) by Wide Angle by amendment to these Terms and Conditions without further notice.

8. GST

(a) Unless otherwise expressly stated, all amounts payable under this Agreement are expressed to be exclusive of GST. If GST is payable on a Taxable Supply, the amount payable for that Taxable Supply will be the amount expressed in this Agreement plus GST.

(b) If an amount payable under this Agreement is calculated by reference to or relates to a cost, expense, liability or similar amount (Liability) incurred by a party, then the Liability must be reduced by the amount of any Input Tax Credit to which that party is entitled in respect of that Liability. A party will be assumed to be entitled to a full Input Tax Credit unless it demonstrates that its entitlement is otherwise prior to the date on which the payment must be made.

9. USE OF THE WEBSITE

9.1 Registration and password
You may only register for an account with Wide Angle, and use the login credentials assigned to You, for the purposes of making Donations. You must keep secure, not disclose, not permit any person to use, and regularly change, such login credentials.

9.2 No unlawful use
You must not use the Website for any unlawful or fraudulent purpose, including without limitation, transmitting any material which is illegal, defamatory, abusive, threatening, obscene, profane, invasive or otherwise inappropriate according to the reasonable standards of acceptable conduct.

9.3 No infringement
You must not transmit through the Website any material which infringes, or is capable of causing Wide Angle to infringe, the Intellectual Property Rights of any person.

10. INTELLECTUAL PROPERTY

10.1 Website
The Intellectual Property Rights in the Website are owned by Wide Angle. Nothing in these Terms and Conditions operate to transfer or assign any Intellectual Property Rights in the Website to You or any other person. Unless otherwise expressly provided in these Terms and Conditions, You must not use, reproduce, adapt, distribute and communicate any content of the Website without the prior written consent of Wide Angle.

10.2 Films
The Intellectual Property Rights in the documentary films and any other material in connection with such films remain vested in their respective authors.

10.3 Licence

(a) Wide Angle grants to You a non-exclusive, non-transferrable, worldwide, royalty free and revocable licence to use the Website solely to the extent required to enable Wide Angle to perform its functions and roles in accordance with clause 3.

(b) To the extent that You are a Filmmaker, You grant to Wide Angle a non-exclusive, transferable, worldwide, royalty free, irrevocable licence to use, reproduce, adapt, distribute and communicate (and do all such other things as are necessary or convenient in order for Wide Angle to exercise its rights under these Terms and Conditions) the Intellectual Property Rights in Your film and any other material in connection with that film (including any still photography and including the right to sub-license), but only to the extent necessary for Wide Angle to exercise its rights and obligations under these Terms and Conditions, including (without limitation) to display the title, or an excerpt or screenshot of the film or still from the film or any still photography associated with the film or an excerpt of the script on the Website, in Wide Angle’s annual report or to otherwise publicise Wide Angle’s association with the film. 

(c) You represent and warrant to Wide Angle that You have the valid licenses/rights to use Intellectual Property Rights in all materials provided to Wide Angle (including in any still photography) for the purpose of enabling Wide Angle to exercise its rights under this clause 10.3(b) and to list the Approved Tasmania Film on the Website.

(d) If you are in breach of this clause 10.3(b) and 10.3(c), then You must immediately and on demand reimburse Wide Angle for any expense incurred to clear any Intellectual Property Rights in any materials you have provided to us, including any necessary copyright licence or any fine that Wide Angle is required to pay in respect of that breach.

11. PRIVACY

Wide Angle’s’s privacy policy (available here) contains information about how:
(a) Wide Angle collects, uses and discloses your personal information;
(b) you can access and seek correction of any personal information that Wide Angle holds about you; and
(c) you can complain about Wide Angle’s handling of your personal information.

12. DISCLAIMER

12.1 Website
Wide Angle does not represent, warrant or guarantee the accuracy, availability, security, reliability, suitability, timeliness or completeness of the Website.
12.2 No warranties
(a) Nothing in these terms and conditions purports to modify or exclude any guarantees relating to the supply of any services under the Competition and Consumer Act 2010 (CCA).
(b) Subject to clause 12.2(a), Wide Angle disclaims all conditions, representations, warranties or guarantees (whether express, implied, statutory or otherwise) with respect to the fitness for purpose of the Website or in respect of the performance of its functions and roles in accordance with clause 3.

13. LIABILITY AND INDEMNITY

(a) Subject to clause 12.2(a), Wide Angle disclaims all Loss that You suffer or incur arising out of, or in connection with, Your use of the Website and the performance of its functions and roles in accordance with clause 3. In respect of any claim under a guarantee under the CCA, we reserve the right to resupply that service to You.
(b) You agree that our maximum liability to You for breach of these Terms and Conditions will be limited to $1,000.
(c) You agree to indemnify, defend and hold harmless, Wide Angle and its respective officers, directors, employees, agents, successors and assigns from and against all Loss suffered or incurred with respect to Your: 

(i) wilful, unlawful or fraudulent acts or omissions;
(ii) infringement of the Intellectual Property Rights of any person;
(iii) breach of these Terms and Conditions; and
(iv) use of the Website.

14. GENERAL

(a) These Terms and Conditions are governed by the laws of Tasmania. You and Wide Angle submit to the non-exclusive jurisdiction of courts exercising jurisdictions there in connection with matters concerning these Terms and Conditions.
(b) The covenants, conditions and provisions of these Terms and Conditions which are intended or capable of having effect after termination (including provisions related to warranties, indemnities, liability, licences and intellectual property) must remain in full force and effect following any termination of these Terms and Conditions.
(c) These Terms and Conditions (and, for Filmmakers, any Wide Angle Tasmania  Grant Undertaking and these Terms and Conditions) set out the entire agreement between Wide Angle and You with respect to its subject matter and supersedes all prior agreements and understandings in connection with it.
(d) If any provision of these Terms and Conditions is held to be invalid, then such provision (to the extent that it is invalid) is severed from these Terms and Conditions and the remainder will not be affected.
(e) The following rules of interpretation apply unless the context requires otherwise. 

(i) The singular includes the plural, and the converse also applies.
(ii) If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
(iii) A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity.
(iv) A reference to a clause or Schedule is a reference to a clause of, or Schedule to, these Terms and Conditions.
(v) A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.
(vi) A reference to conduct includes an omission, statement or undertaking, whether or not in writing.
(vii) A reference to dollars and $ is to Australian currency.
(viii) A reference to a right or obligation of any two or more people comprising a single party confers that right, or imposes that obligation, as the case may be, on each of them severally and each two or more of them jointly. A reference to that party is a reference to each of those people separately (so that, for example, a representation or warranty by that party is given by each of them separately).
(ix) A reference to an amount for which a person is contingently liable includes an amount that that person may become actually or contingently liable to pay if a contingency occurs, whether or not that liability actually arises.

SCHEDULE 1

Wide Angle Tasmania Grant Undertaking Parties
1 Wide Angle Tasmania  (ABN 73 144 709 261) (Wide Angle).
2 [INSERT NAME OF APPLICANT] of [address] (Filmmaker).

Recitals
A. The Filmmaker has applied to Wide Angle for philanthropic funding in relation to a  film entitled [INSERT NAME OF FILM].

B. Wide Angle has approved the application and the documentary film is an Approved Tasmanian Film for the purpose of listing on the Website.

C. As a condition to philanthropic funding in the form of a Wide Angle Tasmania Grant, and subject to the Terms and Conditions, the Filmmaker undertakes to Wide Angle certain obligations in relation to the Wide Angle Tasmania Grant.

1. INTERPRETATION

Terms which are defined in the terms and conditions on Wide Angle’s website (Terms and Conditions) and which are used in this Wide Angle Tasmania Grant Undertaking have the same meaning in this Wide Angle Tasmania  Grant Undertaking as in the Terms and Conditions, unless the context requires otherwise.

2. UNDERTAKING

The Filmmaker undertakes to Wide Angle that it will:
(a) expend the Wide Angle Tasmania  Grant: 

(i) for purposes in connection with the production of the Approved Tasmanian Film;
(ii) in accordance with the budget details submitted with the application for philanthropic funding to Wide Angle; and
(iii) not for any other purpose without the prior written consent of Documentary Australia;

(b) maintain clear and up-to-date financial records for the purpose of enabling Documentary Australia to audit compliance with this Wide Angle Tasmania Grant Undertaking, and if requested by Wide Angle , provide such financial records to Wide Angle as soon as reasonably possible;
(c) regularly notify Wide Angle  of the progress of the production of the Approved Tasmanian Film including, on completion of production, provide Documentary Australia a digital versatile disc (DVD) of the completed Approved Tasmanian Film (or other digital copy of the Approved Tasmanian Film in another format agreed by the parties);
(d) attribute Wide Angle as a provider of the Wide Angle Tasmania Grant by displaying the Wide Angle logo (as shown in Schedule 2) in the Approved Documentary’s credits and in any related marketing collateral;
(e) if the Wide Angle Tasmania  Grant is equal to or greater than government (including screen agency) funding, in addition to clause (d) above, provide  a presentation credit of “In association with Wide Angle…” with equal prominence with those other government or screen funding agencies;
(f) if a Donor expresses a preference to Wide Angle that, to the extent that their Donation comprises a Wide Angle Tasmania  Grant, they be attributed as a provider of philanthropic funding and Wide Angle  agrees, the Filmmaker shall: 

(i) credit the Donor in the Approved Tasmanian Film’s credits and in any related marketing collateral including any websites; and
(ii) comply with any other requests by Wide Angle;

(g) if requested by Wide Angle, provide to Wide Angle (who may then provide such information to a Donor):

(i) regular updates on the progress of the production of the Approved Tasmanian Film; and
(ii) a final report with a subject matter to be determined by the parties;

(h) comply with any terms and conditions which have been agreed with Documentary Australia; and
(i) immediately refund any unexpended Wide Angle Tasmania  Grant to Wide Angle if: 

(i) production of the Approved Tasmanian Film ceases for any reason; and/or
(ii) any unexpended Wide Angle Tasmanian Grant is unable to be expended in accordance with clause 2(a) of this Documentary Australia Grant Undertaking.

3. ACKNOWLEDGEMENT

The Filmmaker acknowledges that by entering into this Wide Angle Tasmania  Grant Undertaking, it agrees to be bound by the Terms and Conditions to the extent applicable to this Wide Angle Tasmania  Grant Undertaking and to comply with these undertakings.

Executed in accordance with section 127 of the Corporations Act 2001 by Wide Angle Tasmania.

Executed in accordance with section 127 of the Corporations Act 2001 by Filmmaker.