Terms and Conditions – 1 Minute Media

General Terms and Conditions

1. Introduction

(a) This document, together with each Confirmation Email and the Privacy Policy, contains the terms and conditions that govern the supply of various products and services to you by MG Online Publications Pty Ltd ACN 104 300 870 of Level 17, 123 Pitt Street, Sydney, NSW, 2000, (us, our, we, 1 Minute Media), your use of those products and services (Terms).

(b) These Terms apply to, and become immediately binding on, any person (you, your, Customer) who, whether personally, or by any of its Representatives having received a Confirmation Email from 1 Minute Media:

(A) continues to communicate (whether verbally or in writing) with 1 Minute Media in relation to any or all of the Project or Services described in that Confirmation Email; or

(B) otherwise indicates (whether verbally or in writing or through their actions) an intention to proceed with any or all of such Project or Services;

(ii) accepts any Services or Digital Assets from 1 Minute Media or its sub-contractors; or

(iii) makes a full or partial payment of any amount to 1 Minute Media in respect of Fees for Services or ProductionCredits, or applies ProductionCredits to Fees.

(iv) Other than as set out in this clause, these Terms supersede and replace all other agreements, arrangements and understandings (whether verbal or written) between you and 1 Minute Media or any of its Representatives, including any terms and conditions contained or referred to in any purchase order or other communication issued by or on behalf of the Customer. If one or more signed agreements or deeds entered into between you and us are in force, and there is any inconsistency between these Terms and such other agreements or deeds, as between you and us, the other agreements or deeds will prevail over these Terms to the extent of the inconsistency.

(d) Your use or receipt of any Services or Digital Assets from 1 Minute Media or its sub-contractors is conditional on your accepting these Terms, and any such use or receipt constitutes your acceptance of and agreement to be bound by the Terms.

(e) This document is structured as follows:

Introduction
Definitions and interpretation
Services
Payment
ProductionCredits
Changes and additional services
Cancellations
Intellectual Property Rights
Customer Content
General rights and obligations
Privacy
Liability
Severance and Consumer Laws
Suspension and termination
Consequences of termination
Indemnity
Confidentiality
Goods and services tax
General

2. Definitions and Interpretation

2.1 Definitions

In this document, the following definitions apply:

Business Day means a day on which all banks are open for business generally in Sydney, Australia, other than a Saturday, Sunday or public holiday.

Changes has the meaning given in clause 6.1(a).

Completion means, in relation to a Key Deliverable, 1 Minute Media uploading the Key Deliverable, or otherwise delivering the Key Deliverable to the Customer.

Confidential Information has the meaning given in clause 18(a).

Confirmation Email means each email sent by 1 Minute Media or its Representatives to the Customer or its Representatives (as amended in accordance with these Terms, if applicable), which sets out a scope of work in relation to a Project, including a description of Services to be provided by 1 Minute Media to the Customer, and Fees payable by the Customer to 1 Minute Media in respect of those Services, together with any other relevant terms and details.

Consumer Laws means any Laws relating to consumer protections, and includes the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the Fair Trading Act 2012 (Vic) and any corresponding legislation in any other State or Territory of Australia.

Customer Content means:

(a) all Digital Assets, content, documents, materials, text, images, logos, files, data, information, attachments and other subject matter that the Customer or any of its Representatives provides, delivers or otherwise makes available to 1 Minute Media or its Representatives in connection with any Project or Services;

(b) all enhancements, modifications and derivative works of the foregoing; and

(c) all creations, inventions and Intellectual Property Rights contained or embodied within the foregoing anywhere in the world.

Digital Assets means all materials, works (including literary, musical, dramatic and artistic works), subject-matter other than works (including films, sound recordings, broadcasts and published editions) and digital assets, including video, audio and photographic content, graphics, images, logos, animations, illustrations, concept art including source files, storyboarding, draft and final outputs including video, static graphics or animations, creative concepts and scripts, in each case, in any format whatsoever.

Featured Individual has the meaning given in clause 8.4(a).

Fees means the amounts payable by the Customer to 1 Minute Media as consideration for Services, including in respect of any Third Party Expenses, products or services, as set out in the relevant Confirmation Email or notified by 1 Minute Media to the Customer from time to time (including pursuant to clause 6).

Government Agency means any government or governmental, administrative, monetary, fiscal or judicial, regulatory body, minister, department, commission, authority, instrumentality, board, organisation, tribunal, agency, trade union or entity in any part of the world (or any office or delegate thereof).

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

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

Hourly Rates means the amount per hour for the services of the relevant Personnel, as determined by 1 Minute Media from time to time.

Insolvency Event means, in relation to a person:

(a) anything which reasonably indicates that there is a significant risk that such person is or will become unable to pay its debts as and when they fall due, including (i) a meeting of the person’s creditors being called or held; (ii) a step being taken to make the person bankrupt; (iii) an application being presented or an order made for the sequestration of the person’s estate; (iv) a step being taken to wind the person up; (v) a step being taken to have a receiver, receiver and manager, administrator, controller, liquidator or provisional liquidator appointed to the person or any of its assets; (vi) the person entering into any type of agreement, composition or arrangement with, or assignment for, the benefit of all or any of its creditors; or (vii) the person ceases or threatens to cease to carry on its main business; or

(b) the appointment of a receiver, receiver and manager, administrator, controller, liquidator or provisional liquidator to the person or any of its assets.

Intellectual Property Rights means any and all intellectual property rights (anywhere in the world, whether statutory, common law or otherwise) including patents, patent applications, utility models, copyright (including future copyright), trade marks, logos and design marks, service marks, trade names, business names, brand names, circuit layouts, designs, know how, trade secrets, domain names, other names and locators associated with the world wide web, internet addresses, and including all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights.

Job means one or more tasks or components which together comprise the Services in relation to a Project, whether or not expressly described on an individual basis in the relevant Confirmation Email.

Key Deliverable means the Job, deliverable or other milestone described as such in a Confirmation Email.

Law means any law or legal requirement, including at common law, in equity, under any State, Territory or Commonwealth statute, regulation, by-law or authorisation, and any decision, directive or requirements of any Government Agency.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

Permitted Users means employees or officers of Customers who have been allocated usernames and passwords in relation to the Client Hub in accordance with these Terms.

Personal Information means any information or opinions to which the Privacy Laws are capable of applying.

Personnel means personnel or Representatives of 1 Minute Media or its sub-contractors.

Privacy Laws means any Laws in relation to privacy and/or personal or sensitive information, and includes the Privacy Act 1988 (Cth).

ProductionCredits means bundles of ProductionCredits credits purchased by the Customer from 1 Minute Media.

ProductionCredits means credits purchased by the Customer from 1 Minute Media, which may be applied by the Customer to Fees.

Project means a project relating to the provision of Services by 1 Minute Media to the Customer, as described in a Confirmation Email.

Project IP has the meaning given in clause 8.2.

Reduction has the meaning given in clause 7.3(a).

Related Party means:

(a) in respect of a body corporate, anyone who is an associate of that body corporate under sections 11 to 15 (inclusive) of the Corporations Act 2001 (Cth);

(b) in respect of an individual, an ‘associate’ of that individual as defined in section 318 of the Income Tax Assessment Act 1936 (Cth); and

(c) in respect of any other entity or legal person, a person who is related to, an affiliate of or otherwise associated with that other entity or legal person.

Representatives means, in respect of a person, any director, officer, employee, agent, contractor, adviser or Related Party of or to that person, or any director, officer, employee, agent, contractor or adviser of or to a Related Party of or to that person, and in respect of the Customer includes all Permitted Users.

Services means any products and services to be provided by 1 Minute Media to the Customer in connection with a Project, including the creation and/or delivery of Digital Assets, as set out in the relevant Confirmation Email/s.

Terms has the meaning given in clause 1(a).

Third Party Expenses means the cost to the Customer of any products or services to be provided by third parties in connection with a Project, as set out in Confirmation Emails or otherwise notified by 1 Minute Media to the Customer from time to time.

Website means the website located at www.visualdomain.com.au, including all password protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, applications, APIs and widgets.

Website IP has the meaning given in clause 8.1.

2.2 Interpretation

In the interpretation of this document, unless the context otherwise requires:

(a) all references to dollars or ‘$’ are references to Australian currency and all amounts payable are payable in Australian dollars;

(b) a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision;

(c) a reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this document;

(d) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time;

(e) a reference to a person includes any company, trust, partnership, joint venture, association, corporation, body corporate or governmental agency;

(f) where a word or phrase is given a defined meaning another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning;

(g) a word which indicates the singular also indicates the plural, a word which indicates the plural also indicates the singular, and a reference to any gender also indicates the other gender;

(h) a reference to the word ‘include’ or ‘including’ is to be interpreted without limitation;

(i) headings are inserted for convenience only and do not affect interpretation; and

(j) no clause will be construed to the disadvantage of a party because that party was responsible for the preparation of this document or that clause or the inclusion of the provision in this document.

3. Services

3.1 Provision of Services

In consideration of the Fees payable by the Customer under these Terms and any Confirmation Emails, 1 Minute Media shall provide the Services in respect of such Confirmation Emails to the Customer in accordance with these Terms.

3.2 Content, views and opinions

The Customer acknowledges and agrees that the content, views and opinions expressed in any Digital Assets produced by 1 Minute Media for the Customer are solely those of the Customer, and in no way reflect the views and opinions of 1 Minute Media or its Representatives.

3.3 Deliverables

All references in Confirmation Emails to times and dates by which delivery of any part of the relevant Services is to occur are indicative only and are subject to change as notified by 1 Minute Media to the Customer from time to time.

4. Payment

4.1 Fees

The Customer must pay the Fees to 1 Minute Media in accordance with these Terms, each Confirmation Email and any invoices issued by 1 Minute Media to the Customer from time to time.

4.2 Payments

(a) The payment terms applicable to each Project will be as set out in the relevant Confirmation Email or as otherwise notified by 1 Minute Media to the Customer. Invoices may be issued:

(i) 100% prior to the commencement of the Project;

(ii) 50% prior to the commencement of the Project and 50% on Completion of the Key Deliverable in respect of that Confirmation Email;

(iii) as otherwise set out in the relevant Confirmation Email.

(b) Where payment takes the form of applying ProductionCredits towards Fees, such payment must be made in full prior to the commencement of the Project.

(c) All payments must be paid within 7 days of the date of the relevant invoice, unless otherwise specified in the invoice. 1 Minute Media may impose any other terms and conditions relating to payments as it sees fit from time to time by stipulating such terms and conditions on invoices.

(d) Where any component of payment is required prior to the commencement of a Project, that payment must be made prior to 1 Minute Media or its Representatives undertaking any work in relation to the Project.

4.3 Default in payment

If any invoice is not paid in full by the Customer to 1 Minute Media by the due date:

(a) the Customer must pay, on demand, interest on that sum from the due date until the date immediately before the date of actual payment. Interest will be calculated at 10% per annum and be capitalised monthly, with interest accruing from day to day from and including the due date for payment up to the actual date of payment;

(b) until such time as the invoice and all interest payable under clause 4.3(a) are paid in full:

(i) without limiting any other rights under these Terms or at Law, 1 Minute Media may withhold any supply from the Customer under these Terms;

(ii) 1 Minute Media may instruct a debt collection agency and/or commence legal proceedings against the Customer; and/or

(iii) the Customer shall be liable for any fees and/or costs (including legal fees and/or costs of debt collection services) incurred by 1 Minute Media to collect payment of any outstanding sums and fees due and payable under these Terms.

5. ProductionCredits

1. Definitions

1.1 “ProductionCredits” refer to prepaid credit bundles purchased from 1 Minute Media under the terms outlined below.

1.2 “Credits” refer to the value assigned to ProductionCredits, which may be used for eligible services.

2. Purchase and Payment

2.1 ProductionCredits may be purchased at the prices set by 1 Minute Media and are subject to these Terms and Conditions.

2.2 All payments for ProductionCredits must be made in full at the time of purchase.

2.3 ProductionCredits cannot be redeemed to purchase additional ProductionCredits.

2.4 Once purchased, ProductionCredits are non-refundable and non-transferable.

3. Usage of ProductionCredits

3.1 Credits from ProductionCredits may be applied to the following:

1 Minute Media internal agency services at a discounted rate, based on standard rates at the time of purchase. These rates are fixed for the lifetime of the bundle, even if standard rates change.
Third-party services at standard rates as determined by 1 Minute Media (see Clause 4).

3.2 Credits may not be used for services or fees not explicitly covered under these terms.

3.3 1 Minute Media reserves the right to adjust credit application rules and fee structure to align with its service pricing model.

3.4 Future adjustments to 1 Minute Media’s pricing model, including potential transitions to alternative fee structures, will not affect existing credit applications.

4. Application of Credits to Third-Party Services

4.1 Third-party services procured by 1 Minute Media will be charged at standard rates as determined by 1 Minute Media, with no discounts applied through ProductionCredits credits.

4.2 Third-party service rates are subject to change and are not fixed at the time of ProductionCredits purchase.

5. Expiry and Project Completion Requirements

5.1 ProductionCredits credits expire 12 months after purchase, unless an alternate expiry duration is stipulated at the time of purchase.

5.2 To ensure credit is used within the intended timeframe, credits must be applied to projects that are both booked and delivered within the applicable validity period.

5.3 “Delivered” is defined as:

The completion of the primary video deliverable for the project; or
The completion of the relevant services (e.g., a shoot) if no video deliverable applies.

5.4 Unused credits cannot be applied after the expiry date, and will lapse.

5.5 ProductionCredits Rollover Policy

ProductionCredits credit can be reallocated to other production stages in a manner consistent with the original ratios outlined in your order:

There is no restriction on rolling over ProductionCredits from Filming to Pre-Production or Post-Production.
When reallocating ProductionCredits from Pre-Production or Post-Production to Filming, a limit of 10% of the originally allocated credits may be transferred. This ensures a balanced distribution of resources across all production stages and maintains the integrity of the production process.

5.6 ProductionCredits Exchange Policy

Bonus credits earned through pre-purchase promotions, special offers, or other incentives:

Cannot be exchanged, redeemed, or refunded for cash or any other monetary value.
These credits can only be used for eligible purchases as specified in the offer terms and must be utilised within the validity period stated at the time of issuance.

6. General Provisions, Changes and additional services

6.1 1 Minute Media reserves the right to amend these terms at its discretion, provided changes do not impact the terms of existing ProductionCredits.

6.2 Any disputes regarding ProductionCredits will be managed in accordance with 1 Minute Media’s standard dispute resolution policies.

6.3 Revisions Included

a) Live Action Editing

The following revision allowances for Live Action editing are included:

Version 1 (v1): Up to 5 individual change requests per 30 seconds of final video duration.
Version 2 (v2): Up to 3 individual change requests per 30 seconds of final video duration.

A “change request” refers to a single, actionable amendment (e.g. swapping a shot, adjusting text, altering audio timing, or modifying a graphic element). Grouped feedback such as “change all lower thirds” or “replace all shots of Scene X” will be counted as multiple items if they affect multiple instances. Any additional or out-of-scope changes beyond the above may incur an extra fee, as they fall outside the included revision rounds.

b) Animation

The animation process includes the following allowances:

Style Development: Up to 2 illustrated character style options are included for selection. Requests for additional style options will require a separate quote and additional charges.
Pilot Scene Illustration: Includes 2 design variations for one pilot scene. Additional scene variations beyond this scope will require a separate quote and additional charges.
Storyboard Illustrations: Once the pilot scene is approved, each subsequent scene includes up to 2 minor changes. A “minor change” refers to small adjustments such as the addition or removal of an object, or modifications to position or colour.

Any revisions beyond the included scope, or requests for significant illustration changes (e.g. complete redraws, new angles, new characters or environments) will incur separate quotes and additional charges.

6.4 Requests for changes

(a) The Customer may (whether personally, or by any of its Representatives) request changes to any of the details set out in Confirmation Email with respect to a Project or Services (Changes).

(b) Any Changes are subject to 1 Minute Media’s approval, which may be granted on such terms and conditions as it determines in its sole discretion, including with regard to the imposition of additional fees and charges.

(c) Where 1 Minute Media approves any Changes in writing or by updating the relevant details relating to a Project or Services, the Confirmation Email will be deemed to be amended from that time for all purposes under these Terms.

(d) 1 Minute Media may, in its discretion, issue a new Confirmation Email to the Customer in connection with the approval of any Changes. The issue of such a new Confirmation Email does not affect any accrued rights of either party, and, without limiting any obligations of the Customer under the new Confirmation Email, 1 Minute Media reserves the right to recover from the Customer all Fees relating to work already undertaken, and any applicable Third Party Expenses, in each case in connection with the relevant Project and Services.

(e) The Customer acknowledges that any Changes may result in delays to the completion of Jobs, Services and/or Projects, as notified by 1 Minute Media to the Customer from time to time.

6.5 Additional services

(a) The Fees stipulated in a Confirmation Email in relation to a Project are inclusive of the services of Personnel up to the number of hours of stipulated in the relevant Confirmation Email. A Confirmation Email may stipulate a number of hours in respect of a certain type of Personnel or Service (for example, video editing), in which case the Fees are inclusive of the stipulated number of hours in respect of that type of Personnel or Service.

(b) Without limiting anything in clause 6.1, if the Customer requests 1 Minute Media or its sub-contractors to perform work in relation to a Project or Services in excess of the relevant number of hours stipulated in the relevant Confirmation Email (whether in total or in respect of a specific type of Personnel or Service) or otherwise requests products or services in addition to, or beyond the scope of the Services as described in the relevant Confirmation Email, 1 Minute Media may charge the Customer for such additional services at the Hourly Rates, and the Customer must pay 1 Minute Media such additional amount in accordance with payment terms notified to the Customer by 1 Minute Media from time to time.

6.6 Changes to scheduled events

Any changes to the details of a Job (including scheduling, locations, resources, service quality levels or hours allocated) must be notified at least one week before the scheduled time for the commencement of that Job. If less than one week’s notice is provided, the Customer will be charged an additional amount equal to the greater of:

(a) all Fees relating to work already undertaken, plus the amount of any applicable Third Party Expenses, in each case in connection with the relevant Job; and

(b) if the Job is rescheduled:

(i) between 48 hours and 1 week prior to the scheduled time, 50% of the Fees relating to that Job;

(ii) between 24 hours and 48 hours prior to the scheduled time, 75% of the Fees relating to that Job; or

(iii) less than 24 hours prior to the scheduled time, 100% of the Fees relating to that Job.

7. Cancellations

7.1 Cancellation of Projects

The Customer may cancel a Project by written notice to 1 Minute Media. If at the time of cancellation, 1 Minute Media has not yet commenced work in relation to the Project, the Fees in respect of the Project will be reduced as follows:

(a) if the cancellation occurs 2 weeks or more before such work is due to commence, the Fees in respect of the Project will be reduced to the amount of any applicable Third Party Expenses in connection with the Project;

(b) all Fees relating to work already undertaken, and any applicable Third Party if the cancellation occurs more than 1 week, but less than 2 weeks before such work is due to commence, the Fees in respect of the Project will be reduced to greater of:

(i) 10% of the applicable Fees in relation to the Project, as at the time immediately prior to the cancellation; and

(ii) the amount of any applicable Third Party Expenses in connection with the Project; and

(c) if the cancellation occurs 1 week or less before such work is due to commence, the Fees in respect of the Project will be reduced to greater of:

(i) 50% of the applicable Fees in relation to the Project, as at the time immediately prior to the cancellation; and

(ii) the amount of any applicable Third Party Expenses in connection with the Project.

(d) if the cancellation occurs 24 hours or less before such work is due to commence, the Fees in respect of the Project will be reduced to greater of:

(i) 100% of the filming Fees in relation to the Project, as at the time immediately prior to the cancellation; and

(ii) the amount of any applicable Third Party Expenses in connection with the Project.

7.2 Cancellation of Jobs

The Customer may cancel a Job by written notice to 1 Minute Media. If at the time of cancellation, 1 Minute Media has not yet commenced work in relation to the Job, the portion of the Fees relating to that Job will be reduced as follows:

(a) if the cancellation occurs 1 week or more before such work is due to commence, the portion of the Fees relating to that Job will be reduced to the amount of any applicable Third Party Expenses in connection with that Job; and

(b) if the cancellation occurs 1 week or more before such work is due to commence, the portion of the Fees relating to that Job will be reduced to the greater of:

(i) the amount of any applicable Third-Party Expenses in connection with that Job; and

(ii) 50% of the portion of the applicable Fees relating to that Job, as at the time immediately prior to the cancellation.

7.3 Credit

(a) Where Fees (or the portion of Fees), are reduced in accordance with this clause 7, and the Customer has already paid to 1 Minute Media some or all of the amount by which the Fees (or a portion of the Fees) has been reduced (Reduction), 1 Minute Media will issue credit to the Customer for the amount of the Reduction.

(b) Such credits must be used within 12 months of the date on which the Customer paid the relevant amount to 1 Minute Media, or such other period as is notified to you by 1 Minute Media from time to time.

(c) Where the Customer paid the relevant amount to 1 Minute Media by applying ProductionCredits, the credit to be issued to the Customer will be in the form of ProductionCredits credits.

(d) No cash refunds are available unless 1 Minute Media determines otherwise in its sole discretion.

8. Intellectual Property Rights

8.1 Website IP

The Customer expressly acknowledges and agrees that:

(a) the services, their underlying source and object code, all related technology, software, content, documents, materials, text, images, logos, files, data, information, attachments and other subject matter, in any format, forming part of or connected to the services;

(b) all enhancements, modifications and derivative works of the foregoing; and

(c) all creations, inventions and Intellectual Property Rights contained or embodied within the foregoing anywhere in the world,

in each case excluding Customer Content and content of third parties (collectively, Website IP), is owned by, or licensed to, 1 Minute Media or its Related Parties.

8.2 Project IP

The Customer expressly acknowledges and agrees that:

(a) all Digital Assets created by 1 Minute Media or its Personnel for, and delivered to, the Customer in connection with a Project or Services;

(b) all content, documents, materials, text, images, logos, files, data, information, attachments and other subject matter, in any format, forming part of or connected to any of the Digital Assets described in paragraph (a);

(d) all creations, inventions and Intellectual Property Rights contained or embodied within the foregoing anywhere in the world,

(collectively, Project IP), is owned by, or licensed to, 1 Minute Media or its Related Parties.

8.3 Licence

(a) In consideration for the payment of the Fees, 1 Minute Media grants to the Customer a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, non-transferable, non-sub-licensable licence to use, reproduce, copy, publish, communicate to the public, transmit, perform, display, adapt and make derivative works of the Project IP in respect of that Customer, in accordance with these Terms, solely in connection with the Customer’s business.

(b) The Customer:

(i) acquires no rights in or to the Project IP, except pursuant to the licence granted under clause 8.3(a) (or to the extent the Project IP consists solely of Customer Content);

(ii) must not use the Project IP in connection with the infringement of any third party rights (including Intellectual Property Rights), or in connection with any illegal, offensive, misleading, deceptive, untrue, false, inaccurate, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, inflammatory, obscene, violent, pornographic, sexually explicit, indecent, immoral, harmful, negligent, libellous, malicious, criminal or scandalous behaviour or activities or in a way which may otherwise directly or indirectly damage 1 Minute Media’s reputation, good name or goodwill; and

(iii) must, if it becomes aware of any unauthorised use of the Project IP by any person, promptly notify 1 Minute Media in writing, providing full details of the unauthorised use, and provide such cooperation, information and assistance as 1 Minute Media may reasonably request to ensure that the unauthorised use ceases as soon as practicable.

8.4 Talent Releases

(a) The Customer represents and warrants on an ongoing basis that, unless 1 Minute Media otherwise expressly agrees in writing, to the extent any Customer Content, or Digital Assets created in connection with a Project or Services, contain a recording, in any material form, of the name, likeness, image, voice, sound effects, interview or performance of any individual (Featured Individual), each Featured Individual has, provided their irrevocable, unconditional written authority and consent to:

(i) the recording of their name, likeness, image, voice, sound effects, interview and performance in any material form, and the creation of any enhancements, modifications or derivative works of such recording;

(ii) the Customer, 1 Minute Media, and their respective licensees using, and exercising all Intellectual Property Rights in, such recording, enhancements, modifications and derivative works for any purpose whatsoever, in perpetuity, anywhere in the world, without any third party limitations or requirement to pay any royalties, fees or other amounts (with the Featured Individual acknowledging and agreeing that the Customer or 1 Minute Media, as applicable, owns all right, title and interest, including all Intellectual Property Rights, in and to the recording, enhancements, modifications and derivative works, and any such Intellectual Property Rights of the Featured Individual are automatically assigned on creation to the Customer or 1 Minute Media, as applicable); and

(iii) the Customer, 1 Minute Media, and their respective licensees doing or not doing anything, where that would otherwise constitute an infringement of the Featured Individual’s Moral Rights (if any) in such recording, enhancements, modifications and derivative works

(b) 1 Minute Media may require that prior to providing any Services or Jobs, the Customer procures that each Featured Individual signs a document for the benefit of 1 Minute Media, in the form required by 1 Minute Media, which contains each of the authorities, consents, acknowledgments and agreements referred to in clause 8.4(a)

9. Customer Content

(a) In consideration for 1 Minute Media entering into these Terms, the Customer grants to 1 Minute Media a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, transferable, sub-licensable licence to reproduce, copy, publish, communicate to the public, transmit, perform, display, adapt and make derivative works of all Customer Content which is included in Project IP in relation to that Customer, for the purposes of:

(i) asserting and exercising all rights whatsoever as the owner (or, to the extent relevant, licensee) of the Project IP and Website IP (including, for the avoidance of doubt, to the extent either of them includes Customer Content or content of third parties), provided that this paragraph shall not apply in respect of any trademarks owned by or licensed to the Customer;

(ii) providing any Services and granting any licences or other rights as contemplated by these Terms to the Customer;

(iii) providing any Services and granting any licences or other rights as contemplated by these Terms to customers other than the Customer, provided that this paragraph shall not apply in respect of any trademarks owned by or licensed to the Customer; and

(iv) exercising its rights under clause 11.2 (‘Digital Assets’).

(b) The Customer represents and warrants to 1 Minute Media on an ongoing basis that:

(i) it has the right to grant the licences referred to above, in and to the Customer Content;

(ii) the Customer Content does not and will not infringe the rights (including Intellectual Property Rights, rights of confidence and rights of privacy) of any third parties, 1 Minute Media or its service providers;

(iii) the Customer Content does not contain any material or content which is, or which depicts any behaviour or activities that are illegal, offensive, misleading, deceptive, untrue, false, inaccurate, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, inflammatory, obscene, violent, pornographic, sexually explicit, indecent, immoral, harmful, negligent, libellous, malicious, scandalous, or otherwise such that it may directly or indirectly damage 1 Minute Media’s reputation, good name or goodwill;

(iv) the Customer Content does not contain any material or content which incites the commitment of a crime, instructs the commission of a crime or promotes criminal activities;

(v) the Customer Content does not contain any material or content the inclusion or publication of which would, or could reasonably, constitute:

(A) a breach of any Laws (including any legislation relating to hatred or discrimination), contempt of any court or a breach of any court order;

(B) negligence by any person; or

(vi) the Customer Content and its use in connection with the Services and storage in the Client Hub complies with applicable Law, and does not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(vii) the Customer Content is free of worms, viruses, trojan horses, malware and any other disabling code or harmful components; and

(viii) the Customer has obtained the consent of each person who has Moral Rights in relation to any of the Customer Content, for the benefit of 1 Minute Media, to all or any acts or omissions that would otherwise constitute an infringement of those Moral Rights.

(c) The Customer represents and warrants to 1 Minute Media on an ongoing basis that it will abide by all applicable Laws, rules and regulations for Customer Content.

(d) Because the Customer Content is not in any way developed or provided by 1 Minute Media, 1 Minute Media will not be responsible to check or verify any Customer Content nor assess it for suitability for any purpose. Accordingly, any use of or reliance by the Customer, its Representatives or any third parties upon anything contained in the Customer Content will be at the Customer’s own risk.

10. General Rights and Obligations

10.1 Customer Obligations

The Customer must:

(a) provide full and timely instructions to 1 Minute Media and render decisions and instructions as expeditiously as necessary in order for 1 Minute Media to perform Services in accordance with these Terms;

(b) to the extent relevant to Services to be provided by 1 Minute Media to the Customer in accordance with these Terms, provide to 1 Minute Media and its Representatives, in a timely manner and at no charge, any equipment, material and any information (including Customer Content), and access to the Customer’s premises and other facilities as 1 Minute Media may reasonably require, and ensure that such information is accurate in all material respects, and such equipment is in good working order and suitable for the purposes for which it is to be used;

(d) maintain or cause to be maintained in effect with a reputable insurer, at all times while Services are being requested or provided pursuant to these Terms, the following insurance policies:

(i) a comprehensive general liability insurance against injury to persons and damage to property taking into consideration the location and requirements of each Project and Service; and

(ii) any other insurance that may be applicable to the performance of any Services under these Terms; and

(e) furnish to 1 Minute Media upon requests copies of the certificates of insurance in respect of each insurance policy referred to in clause 10.1(d).

10.2 Digital Assets

(a) The Customer acknowledges and agrees that 1 Minute Media may, from time to time, modify, adapt, use, disclose, publish (including via the Client Hub) or otherwise make available to third parties (including customers and prospective customers) all or part of the Digital Assets created by 1 Minute Media for its customers (including the Customer). This includes, without limitation, including aspects of the Digital Assets created for the Customer, on the Website, for portfolio and/or other promotional purposes of 1 Minute Media.

(b) The Customer irrevocably and unconditionally consents to 1 Minute Media, from time to time, modifying, adapting, using, disclosing, publishing (including via the Client Hub) or otherwise making available to third parties (including customers and prospective customers) all or part of the Digital Assets created by 1 Minute Media for the Customer in connection with a Project or Services, notwithstanding that those Digital Assets may contain Customer Content. The Customer acknowledges that Digital Assets provided by 1 Minute Media for the Customer may include portions of Digital Assets previously created by or on behalf of 1 Minute Media, including for third parties.

(c) If 1 Minute Media, from time to time, discloses, publishes or otherwise makes available to the Customer or its Representatives Digital Assets created by 1 Minute Media for a party other than the Customer, the Customer must, and must procure that its Representatives, treat such Digital Assets as Confidential Information for the purposes of clause 17.

(d) We may use automated tools including artificial intelligence tools to assist in creating some content and services.

(e) Nothing in this clause 10.2 shall operate to limit clause 9(a).

10.3 Sub-Contracting

1 Minute Media may in its absolute discretion provide all or any part of any Jobs, Services, Projects or Digital Assets through the use of one or more subcontractors.

11. Privacy

11.1 General

(a) The Privacy Policy is expressly incorporated into these Terms.

(b) The Customer must:

(i) notify 1 Minute Media immediately of any actual or potential privacy complaints or breaches of Privacy Laws of which it becomes aware, which involve 1 Minute Media or its Related Parties; and

(ii) use all reasonable endeavours to assist 1 Minute Media in dealing with any such actual or potential complaints or breaches.

(c) If any individual requests access to, deletion of, or correction of their Personal Information stored with or held by the Customer, subject to its obligations under Privacy Laws, the Customer must not direct the individual to pursue the request with 1 Minute Media instead of itself.

(d) The Customer expressly acknowledges that 1 Minute Media may be required to use, disclose or otherwise deal with Personal Information forming part of the Customer Content in accordance with its obligations under Privacy Laws and expressly consents to same.

11.2 Warranties

To the extent the Customer Content from time to time includes any Personal Information, the Customer represents and warrants to 1 Minute Media on an ongoing basis that:

(a) its recording, collection, holding, disclosure and use of that Personal Information (including its inclusion of such Personal Information in the Customer Content and all other uses and disclosures contemplated in these Terms) is necessary for one or more of Customer’s functions or activities and complies with all Privacy Laws;

(b) it has obtained consent from all individuals to which that Personal Information relates(and/or from all people authorised under the Privacy Laws to give consent on behalf of such individuals) to:

(i) record and/or collect (as applicable) that Personal Information; and

(ii) each use and disclosure of that Personal Information undertaken by the Customer or its Representatives, including the inclusion of such Personal Information in the Customer Content and all other uses and disclosures contemplated in these Terms;

(c) it has taken all steps required under the Privacy Laws to ensure that all individuals to which that Personal Information relates are made aware of all matters which the Privacy Laws require they be made aware of in relation to the recording, collection, holding, use and disclosure of their Personal Information;

(d) 1 Minute Media’s use of the Customer Content as contemplated in these Terms will not put 1 Minute Media in breach of the Privacy Laws;

(e) the Personal Information is accurate, complete, up to date and relevant to the Customer’s functions and activities;

(f) it has not deleted any such Personal Information in contravention of the Privacy Laws; and

(g) it has taken reasonable steps to correct any such Personal Information which it has been established is inaccurate, incomplete, misleading or not up to date and has done so in accordance with the Privacy Laws.

12. Liability

12.1 Disclaimer

(a) Except as otherwise required by Law, all Services are provided ‘as is’ and ‘as available’ without any express or implied representation, warranty or guarantee of any kind.

(b) We cannot ensure that the Customer Content you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.

(c) We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your Representatives) in relation to your access to or use of any Services.

(d) You are responsible for taking and maintaining copies of all data and content to which you require access. To the extent permitted by Law, we make no representations, and give no warranties or guarantees, express or implied, about the availability of such data and content.

(e) We cannot ensure that any files you download from either of them, will be free of worms, viruses, trojan horses, malware or any other disabling code or harmful components. While we will use reasonable endeavours to prevent the Services from containing or spreading viruses or other malicious code, you are responsible for ensuring that computers and other devices used to access the Services run up-to-date anti-virus software as a precaution, and that you virus-check all materials downloaded from our Services, and regularly check for the presence of viruses and other malicious code.

(f) We will not be liable for any loss or damage caused by interference with or damage to your computer systems in connection with the use of the Services, or by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services, or to your downloading of any content from them.

(g) We cannot ensure that the Services will be free from defects or error or will operate in any particular way. To the extent permitted by law, we disclaim all liability for any loss or damage, of any nature whatsoever, which may be suffered or incurred by any person as a result of any defect in, or error in the operation or functionality of, the Services (including any part of their underlying code or related technology).

12.2 Limitation of Liability

(a) You agree that, to the maximum extent permitted by law, we and our Representatives are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in connection with:

(i) your or your Representatives’ use or access of, or inability to use, any Services;

(ii) your or your Representatives’ reliance on anything contained in any Services;

(iii) you or your Representatives being unable to access any Services or Customer Content for any reason (including our negligence); or

(iv) the failure of any Services for whatever reason (including our negligence).

(b) Subject to clause 14 and to the maximum extent permitted by law, our maximum aggregate liability for all claims related to any Services and the use thereof by you and your Representatives, will be an amount not exceeding the lesser of the aggregate amount of Fees paid to us by you in respect of the 12 month period preceding your claim and $10,000. This limit applies collectively to us and our Representatives.

(c) 1 Minute Media will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances.

(d) You agree not to bring legal action or make a claim against us or any of our Representatives arising out of or related to the Services more than two years after the cause of action arose.

13. Severance and Consumer Laws

(a) The Customer acknowledges and agrees that:

(i) prior to establishing an account with 1 Minute Media, it reviewed these Terms and raised all issues of concern with 1 Minute Media (which you can do by email in accordance with clause 19.10);

(ii) these Terms are reasonably necessary to protect the legitimate interests of 1 Minute Media; and

(iii) if any part of these Terms is deemed to be invalid, void or unenforceable (including, but not limited to, as an unfair term for the purpose of the Australian Consumer Law), then that part will be severed from these Terms and all parts which are not deemed to be invalid, void or unenforceable will remain in full force and effect.

(b) The Customer represents and warrants to 1 Minute Media on an ongoing basis that it is entering into these Terms, and purchases Services, for the purposes of its business and that, to the maximum extent permitted by Law, any Consumer Laws shall not apply to these Terms.

(c) If you constitute a consumer under the Consumer Laws while using any Services, nothing in these Terms is intended to remove your rights under the Consumer Laws, including to statutory guarantees that may apply to the Services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying access to the affected Services again or paying the cost of supplying access to those Services again.

14. Suspension and Termination

(a) 1 Minute Media may immediately suspend or terminate the Customer’s access (and the access of its Representatives) to any Services in circumstances where:

(i) necessary to comply with any applicable Laws or safety requirements;

(ii) the Customer or any of its Representatives breaches any provision of these Terms;

(iii) an Insolvency Event occurs in relation to the Customer; or

(iv) anything described in clause 19.5 (‘Failure to perform or delay’) occurs that affects 1 Minute Media’s ability to provide the Services.

(b) In addition, if the Customer or any of its Representatives breaches any provision of these Terms, 1 Minute Media may commence proceedings against the Customer for any loss or damage 1 Minute Media suffers as a result of the breach.

(c) The Customer may terminate its (and, consequently, its Representatives’) access to the Services at any time with 90 days notice by sending an email to 1 Minute Media, in accordance with clause 19.10, requesting closure of its account with 1 Minute Media. On termination the Customer will not receive a refund of any Fees, charges or other amounts already paid to 1 Minute Media, unless it has terminated as a result of 1 Minute Media changing these Terms in a way that has a materially detrimental effect on the Customer. In that case:

(i) the Customer must notify 1 Minute Media within 14 days of 1 Minute Media’s notice to the Customer about the relevant change to these Terms;

(ii) the Customer’s termination will take effect on the date of the change to these Terms; and

(iii) 1 Minute Media will issue to you a pro-rata refund of the amount already paid to it to the extent the amount relates to a period following the date of the change to these Terms.

15. Consequences of Termination

(a) If the Customer’s (or its Representatives’) access to the Services is terminated, all of the Customer’s rights to use those Services will immediately end, and the Customer will at its expense promptly return, or at 1 Minute Media’s election destroy, any copies of the Digital Assets and other materials relating to the Services and any of 1 Minute Media’s Confidential Information that are either in the Customer’s possession or under the Customer’s control.

(b) Termination of the Customer’s (or its Representatives’) access to the Services will not act as a waiver of any breach of these Terms and will not act as a release of either party from any liability for breach of such party’s obligations under these Terms.

(c) Termination of the Customer’s (or its Representatives’) access to any Services will be without prejudice to any other right or remedy that 1 Minute Media may have, and will not relieve either party of any obligation or liability which arose prior to the effective date of such termination.

(d) The following provision of this document will survive any termination of the Customer’s (or its Representatives’) access to the Services: clauses 2; 8; 9; 10; 11; 12; 13; 15; 16; 17; 18 and 19, and any other provisions of these Terms that by their nature should survive such termination.

16. Indemnity

The Customer will indemnify and keep indemnified 1 Minute Media and its Representatives, and each of them, from and against all liabilities, damages, claims, proceedings, actions, demands, costs, losses and expenses incurred by any of them directly or indirectly arising out of or in connection with:

(a) any breach or non-observance of any of these Terms;

(b) any breach of a warranty or representation contained in these Terms;

(d) any claim made against 1 Minute Media by any party, arising out of or in connection with any breach of these Terms or other act or omission by the Customer or its Representatives, including in relation to any Services or Customer Content.

17. Confidentiality

(a) Subject to this clause 18, each party:

(i) acknowledges that all information and material disclosed or provided to it or any of its Representatives by the other party or any of its Representatives (whether verbally or in writing) arising out of or in connection with these Terms, or any Projects or Services (Confidential Information) is confidential; and

(ii) agrees to maintain the confidentiality of that Confidential Information and not disclose or use such information for any purpose other than that for which it has been provided.

(b) Each party must not disclose Confidential Information to any person except where such disclosure:

(i) has been expressly consented to by the other party in writing or is specifically contemplated and permitted, or required, by these Terms (or, in the case of 1 Minute Media, is required in connection with, or ancillary to, the provision of any Services under these Terms);

(ii) is made to that party’s Related Parties or the Representatives of that party or its Related Parties or to another person who must know it for the purposes of these Terms, in each case on the basis that the Related Party, Representative or other person to whom the information is disclosed is bound by obligations of confidentiality and is made aware that the information must be kept confidential; or

(iii) is required by Law or a regulatory body (including a relevant stock exchange), court or Government Agency.

(i) is in or becomes part of the public domain other than through breach of these Terms or of an obligation of confidence owed to 1 Minute Media;

(ii) the party who receives the information already knew the information at the time of disclosure by the other party (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality or other contractual obligation by any party); or

(iii) as otherwise agreed in writing between the parties for the purposes of this clause.

(d) The parties will each take any action that is necessary to prevent or remedy any breach of that party’s confidentiality obligations or other unauthorised disclosure of the other party’s Confidential Information.

18. Goods and Services Tax

(a) In this clause 18, a word or expression defined in the GST Act has the meaning given in that act.

(b) All consideration provided under these Terms is exclusive of GST, unless it is expressed to be GST-inclusive.

(c) Where a party (Provider) makes a supply to another party (Recipient) under or in connection with these Terms that is a taxable supply, the Recipient must pay to Provider an additional amount equal to the GST payable on the supply (unless the consideration for that taxable supply is expressly stated to include GST). The additional amount must be paid by the Recipient at the later of the following:

(i) the date when any consideration for the taxable supply is first paid or provided; and

(ii) the date when Provider issues a tax invoice to the Recipient.

(d) If, under or in connection with these Terms, Provider has an adjustment for a supply under the GST Act that varies the amount of GST payable by Provider, Provider will adjust the amount payable by the Recipient to take account of the varied GST amount and an adjustment note must be provided to the Recipient.

(e) Subject to an express provision in these Terms to the contrary, any payment, amount, reimbursement or indemnity required to be made to a party (Payee) under these Terms that includes any calculation by reference to a cost, expense, Liability or other amount paid or payable by the Payee to a third party (Expense) will be calculated by reference to that Expense inclusive of GST, less the amount of any input tax credit which the Payee is entitled to claim on that Expense.

(f) If part of a supply is a separate supply under the GST Law (including for the purpose of attributing GST payable to tax periods), that part is a separate supply for the purposes of this clause 18.

(g) Where the context requires, a reference to the Provider, the Recipient or the Payee in this clause 18 includes the representative member of a GST Group of which the Provider, the Recipient or the Payee respectively is a member.

19. General

19.1 Assignment

(a) The Customer cannot assign, sub-contract or otherwise transfer its account with 1 Minute Media, any Services it or its Representatives access or use, or any of its rights or obligations under these Terms to any person without the prior written consent of 1 Minute Media.

(b) 1 Minute Media may assign or otherwise transfer any or all of its rights and obligations under these Terms by providing the Customer with reasonable notice in writing.

19.2 Failure to Perform or Delay

1 Minute Media will not be liable for any failure to perform or delay in performing its obligations if the failure or delay results from circumstances beyond the control of 1 Minute Media.

19.3 Governing Law and Jurisdiction

This document is governed by the law of New South Wales, Australia. The parties submit to the exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.

19.4 Inconsistency

If there is any inconsistency between these Terms and a Confirmation Email, these Terms will prevail to the extent of the inconsistency.

19.5 Variation

We reserve the right to change these Terms at any time by providing at least 30 days’ notice. This may include changes needed to reflect changes to the Law and changes to our terms of trade. The amended Terms will only become effective following the above notice period. If you disagree with the revised Terms, you may elect to terminate your access to the Services in accordance with clause 14(c). Your continued use of any Services constitutes your acceptance of these Terms as amended from time to time.

Last update: 17 January 2025

Privacy Policy

This privacy policy sets out how MG Online Publications Pty Ltd (“we” or “1 Minute Media“) treats the privacy of customers, our services and website users, suppliers and others with whom we interact.

We respect the privacy rights of individuals and are committed to protecting your privacy by Australian privacy laws. This policy details how we collect, store, use and disclose personal information.

In this privacy policy, the term “personal information” has the meaning it has in the Privacy Act (1988)(Cth) and includes information (including opinions) about an identifiable individual, including names, addresses, telephone numbers, email addresses, dates of birth, photographs, signatures, credit card information, and if and where applicable, includes information that constitutes “sensitive information” as defined under the Privacy Act.

1. Collection and Storage of Personal Information and Data

We collect some personal information about individuals. Our usual approach is to collect personal information directly from the individual concerned.

The personal information we collect from you could include your name, email, telephone or address contact details, birth date, image/photographs of you, details of your employer and employment history and credit and payment-related information. In most circumstances, we do not collect “sensitive information”.

We collect personal information in circumstances including the following:

(a) when you, as an individual in your own capacity or on behalf of your employer, become a customer of our business;

(b) when you telephone us or visit our website and provide feedback, or you make an enquiry to which a later response is requested and to do so requires your contact details;

(d) when you ask to be included on marketing distribution lists, sign up on our website or interact with us on social media,

(e) when you take advantage of a promotional offer we may run;

(f) when you otherwise register for or subscribe to one of our online services;

(g) when, as a supplier, your contact and other details are provided;

(h) when we enter into an agreement with you for the provision or acquisition of goods or services and

(i) when we receive employment applications and when evaluating job applicants and personnel, which may include collecting details such as employment history and educational qualifications.

We may use ‘cookies’ to collect data (typically not personal information) about your internet usage. This data may include IP addresses, browser versions, number of visits and similar data relating to your internet navigation and our site. A cookie is a small text file placed on your computer or device’s hard drive. Cookies help us improve our site and deliver a better and more tailored service, for instance, by storing information about your preferences and allowing us to recognise you when you return.

You may refuse to accept cookies by activating settings on your internet browser. However, please note that if you select such settings, you may be unable to access certain parts of our website.

We hold personal information in our own secure databases and, to some extent, for marketing purposes in the database of our marketing consultancy partners (subject to obligations regarding privacy and confidentiality) to conduct electronic direct marketing following legislative requirements.

2. Use and Disclosure of Personal Information

We use the personal information collected from you for the purpose it was provided or collected, including in the following ways:

(a) For the purposes of collection described in (1) above;

(b) To manage our relationship with you and perform our obligations under the agreement you conclude with us when purchasing services;

(d) To process, confirm, fulfil and update you about and to carry out our obligations arising from any contracts entered into between you and us;

(e) To perform authorised financial transactions with you;

(f) To facilitate deliveries to customers and others;

(g) To tailor possible service solutions to you as a customer;

(h) To verify your identity and to assist you if you have forgotten any username or password;

(i) To communicate with you and provide you with information (whether by email, post or other means) about our goods or our services, where you have requested or consented to receiving this from us or where this provision is otherwise permitted at law;

(j) To notify you about changes to our provision of goods and services;

(k) To enable third-party marketing agencies and providers to advertise our goods and services to you where we have your express or implied consent to do so;

(l) To tailor specific product offerings and marketing communications to you based on your preferences and habits;

(m) To receive address and possibly publicise feedback from you;

(n) To protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary), including without limitation, for the purpose of contact tracing; and

(o) in other circumstances, with your prior consent.We may also provide personal information to third parties outside our company for limited purposes, such as to help us provide goods and services to customers.

Those persons and businesses may include:

(a) Organisations who carry out fraud and other security checks and credit reporting bodies, as described below;

(b) Our online payment gateway service providers to facilitate payments;

(d) Third-party software providers who store details of customer accounts for us or who provide other IT services; and

(e) Our professional advisors are subject to confidentiality.

3. Other Disclosures

We may also disclose your personal information to third parties outside our company:

(a) Where we have your express permission to do so;

(b) Where it can reasonably be inferred from the circumstances that you consent to the disclosure to the third parties;

(c) If all or substantially all of our assets are acquired by a third party, in which case personal information that we hold about our customers may be one of the transferred assets (subject to the same constraints on use and disclosure as under this policy); and

(d) If we are under a duty to disclose or share your personal information to comply with any legal obligation, to enforce or apply our terms and conditions or to protect the rights, property, or safety of our personnel or customers. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services to you. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information and use it only for the purposes that we gave it to them.

4. Security of Personal Information

We take all reasonable steps to protect your personal information, including internal and external security, restricting access to personal information to those who need to know, maintaining technological products to prevent unauthorised computer access and regularly reviewing our technology to maintain security.

We use secure methods of storage for physical materials containing personal information.

5. Disclosure and Transfer of Information Overseas

We disclose or transfer personal information outside Australia for limited purposes, enabling software developers in the Philippines and India to work on our database. They do so having signed non-disclosure agreements.

We also engage a third-party hosting service for our databases, HubSpot, Inc., which may store data in countries such as the USA and Ireland.

Unless we have your consent or an exception under the Australian Privacy Principles applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.

6. Questions and Concerns and Access To/ Correction or Updating of Your Personal Information

You have a right to access and correct the personal information we hold about you. To obtain a copy of the personal information we hold about you, please write to us at:

Executive Director,

1 Minute Media

kathy@1minutemedia.com.au

Please provide sufficient details about the information in question to locate it. We will then use commercially reasonable efforts to promptly determine if there is a problem and take the necessary corrective action within a reasonable time.

7. Changes to Our Privacy Policy

We may modify, alter or otherwise update this privacy policy at any time. We will post revisions on our website. We encourage you to review this policy from time to time.

Last update: 17 January 2025

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