1. Account
   1. You may register an account on our Website to order and buy Products and subscribe to Services from us.
   2. You must keep your account (including the login details) secure and immediately notify us of any suspected or actual unauthorised access or use of your account.
   3. You are liable for all activities on, and use of, your account.
2. Authorised representatives
   1. If you are ordering Products or subscribing to Services on behalf of a company or other entity, you confirm that you are authorised by the entity to do so and that the entity agrees to these Terms & Conditions.
   2. You must ensure that any of the employees, contractors or agents that you authorise to use the Website, or the Products or Services on your behalf complies with these Terms & Conditions. You are, jointly and severally with such other persons and the company or other entity on whose behalf you are acting, liable for their acts and omissions.
3. Orders
   1. You can purchase Products and Services from us by placing an order via our Website.
   2. You must pay for the Products and Services you purchase and the applicable delivery fee and any taxes at the time of placing your order. The available currencies are displayed on the checkout page of our Website.
   3. Your order is accepted once you receive an order confirmation email from us at which point a contract will come into existence between you and us.
   4. You should carefully check the details of your order (including the nominated delivery address).
   5. Section 7 explains the circumstances in which we and you can cancel an order
4. Delivery of Products
   1. We deliver to countries available on the checkout page of our Website.
   2. We will not dispatch Products until we receive from you in cleared funds the full amount payable for the Products, including any applicable taxes and delivery fees.  The delivery fee will vary based on your nominated delivery address. You are also responsible for any customs or import duty payable in connection with your purchase of a Product and the entry of the Product into your country.  The costs of delivery and any duties payable will be as displayed to you on our Website or set out in our communications to you prior to confirming your order.
   3. Any delivery dates provided are estimates only. We do not control delivery and transport for the Products and, to the extent permitted by applicable law, will not be liable for any loss you suffer in connection with delayed delivery. If we become aware that delivery is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.  If you are in the UK or EU, and there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any Products you have paid for but not received.
   4. If the Products are not accepted on delivery, we may (but will not be obliged to) attempt to deliver them again at your cost, and you must pay any costs we incur as a result of your failure to accept the Products (including storage costs).
5. Title and risk – Products
   Ownership of, and risk (responsibility for) in the Products pass to you upon you accepting delivery of the Products.
6. Damage – Products
   Unless prohibited by applicable law (including, without limitation, the Australian Consumer Law), you must notify us immediately if the Products arrive damaged, and if you don’t, you will be deemed to have accepted the Products.
7. Cancellation
   General
   1. You cannot change or cancel your order after placing it (unless we are required to allow such change or cancellation under applicable law, and then you may change or cancel solely to the extent of such requirement).
   2. We may cancel your order (or part of it) at our sole discretion. This might be because:
      1. we have identified an error in the price or description of the Product or Services;
      2. a credit reference we have obtained for you does not meet our minimum requirements;
      3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products or Services; or
      4. you do not, within a reasonable time, allow us to deliver the Products to you.
      5. you owe us money in respect of any other sale of Products or Services to you.You do not have a right to change your mind if you are purchasing on behalf of a business, rather than as a consumer, or if you use the Products for any commercial, business or re-sale purpose.
      6. your delivery address is not included in the list of available regions, or is a rural or remote address that has additional delivery charges
      7. the product is no longer available for delivery or has sold out
   3. To get a refund for a change of mind refer to our Returns Policy here.
   4. We will pay the costs of return:
      1. if the Products are faulty or misdescribed; or
      2. if you are cancelling the order because: we have told you of an upcoming change to the Product or these terms, there was an error in pricing or description; a delay in delivery due to events outside our control; or because you have a legal right to do so as a result of something we have done wrong.
   5. In all other circumstances (including where you are a consumer exercising your right to change your mind), you must pay the costs of return.
   6. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
      1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product if this has been caused by your handling them in a way which would not be permitted in a shop.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
   7. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
8. Defects – Products
   1. Our Products also come with a limited warranty. The warranty is in addition to your rights at law.
   2. If you are a consumer and wish to exercise your legal rights to reject any Product you must return them to us in accordance with our returns process. We will pay the costs of postage or collection.
9. Disclaimer of Warranty and Limitation of Liability
   1. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ATOMOS MAKES NO WARRANTY (EXCEPT THE LIMITED PRODUCT WARRANTY REFERRED TO IN 8(a) ABOVE) OR REPRESENTATION AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE WEBSITE, THE PRODUCTS AND THE SERVICES, INCLUDING THAT THE WEBSITE, THE PRODUCTS AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE WEBSITE, THE PRODUCTS AND THE SERVICES WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE WEBSITE, THE PRODUCTS AND THE SERVICES WILL BE CORRECTED, AND DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ATOMOS PROVIDES THE WEBSITE, THE PRODUCTS AND THE SERVICES “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
   2. YOU USE THE WEBSITE, THE PRODUCTS AND THE SERVICES AT YOUR OWN RISK. THE WEBSITE, THE PRODUCTS AND THE SERVICES MAY BE MODIFIED OR TERMINATED (IF APPLICABLE) AT ANY TIME BY ATOMOS OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OR THEIR OPERATION.
   3. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ATOMOS AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, EQUITY OR TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION, CONTENT OR DATA, OR LOSS OF ANY UNREALIZED SAVINGS OR EXPECTED BENEFIT, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE OR INTERRUPTION OF THE WEBSITE, THE PRODUCTS AND THE SERVICES, WHETHER FORESEEABLE OR NOT, AND EVEN IF ATOMOS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ATOMOS DISCLAIMS ALL SUCH DAMAGES TO THE MAXIMUM EXTENT ALLOWED BY LAW. IF ATOMOS IS FOUND LIABLE TO PAY YOU ANY DAMAGES, INCLUDING REIMBURSEMENT OF EXPENSES SUCH AS ATTORNEYS’ FEES, ATOMOS’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
   4. For Australian Consumers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
   5. For UK & EU Consumers: IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS The benefits we give in this manufacturer’s warranty are additional to any rights and remedies that you may have under consumer protection laws in your country of residence. Nothing in this warranty limits or affects your statutory rights. This manufacturer’s warranty is governed by the laws of the country in which you purchased your product. In many countries, consumers have rights under local consumer laws. Those consumer rights may differ between countries, states and provinces, and often cannot be excluded. Your local consumer rights organization can advise you on your legal rights
10. Indemnification and Release
    1. You agree to defend, indemnify and hold harmless Atomos, its affiliates and its and their and agents, from and against all Claims (as defined below) arising out of or in any way connected with your access to or use of the Website, the Products or the Services or your violation of these Terms & Conditions, the rights of any third party or any applicable law. “Claim” includes, without limitation, any past, present, or future actions, causes of action, demands, assertions of rights, costs, demands, expenses, injuries, judgments, losses suits, damages and attorneys’ fees and other costs of defense, of any kind or nature whatsoever, whether in tort, contract, pursuant to statute, at law or equity or otherwise, whether direct or indirect, contingent or absolute, and whether known, foreseeable, liquidated, anticipated or suspected.
    2. To the maximum extent permitted by law, and except as expressly provided herein, you, on behalf of yourself and on behalf of your past, present and future successors, predecessors, assigns, heirs, affiliates, agents, insurers, representatives, and any individual, person, organization, entity, corporation or representative who or which acquires or succeeds to your rights and responsibilities, absolutely, unconditionally and irrevocably forever release and discharge (and covenant not to sue) Atomos, together with all of Atomos’s and its affiliates’ past, present and future successors, predecessors and assigns, and all of its and their shareholders, parent companies, subsidiaries, affiliates, insurers, representatives, officers, directors and employees, from any and all Claims arising out of or in any way related to your use or inability to access and/or use the Website, the Products or the Service.

Part 2 Services Specific Terms

11. Subscription packages
    1. You must select a subscription package when signing up to the Services. Payment of the subscription package is in advance.
    2. Your subscription package will automatically renew for the same subscription term on a continuous rolling basis until you cancel the subscription package. We will send a reminder before each automatic renewal.
    3. If the subscription package is unable to be automatically renewed due to insufficient funds or an expired payment method, your access to the Services will automatically cease. You will need to make payment to regain access.
    4. You may not transfer a subscription package to another account.
12. Access to the Services
    Subject to your compliance with these Terms & Conditions, we will grant you access to use the Services during your nominated subscription term, for the purpose of using the Services features which we make available to you and are part of your subscription package.
    
13. Use of the Services
    You must:
    
    1. use the Services in accordance with these Terms & Conditions, applicable laws and regulations, and any policies provided by Atomos on or in relation to the Services (including any security requirements we may provide to you from time to time);
    2. comply with our reasonable directions in relation to the use of the Services;
    3. not sell, resell, rent, license, lease, let for hire the Services;
    4. not copy, modify, reproduce, republish, post, broadcast or transmit the Services;
    5. not disclose or make available the Services to any third party except as expressly permitted in these Terms & Conditions;
    6. not remove any trade marks or copyright notices from the Services;
    7. not interfere with or disrupt the integrity, security or performance of the Services;
    8. not attempt to reverse engineer, disassemble or decompile the Services or its related systems or networks, or attempt to gain unauthorised access to any part of the Services or its related systems or networks that we have not made available to you;
    9. not use the Services in any way to directly or indirectly develop, or enable third parties to develop, a product or service that is the same or similar to, or competes with, the Services;
    10. not use any form of unauthorized third-party software, scripts or the like, including without limitation: automation software (bots), crawlers, mods, scrapers, “userscripts,” “addons,” “extensions”, or other hacks;
    11. not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items; and
    12. not store or transmit infringing or unlawful material or malicious code, or conduct any illegal activity, on or via the Services.
14. Third party applications
    1. You may use the Services with certain third party applications, integrations, content or data providers and APIs that are made available through the Services. You will need to agree to the terms of use and privacy policies of such third party providers.
    2. We will not be liable for third party applications, integrations, content or data providers or APIs, including the content on them or any corruption, loss or damage to your files, data or other content arising from your use of them.
    3. We make no express representations or warranties and we disclaim all implied warranties regarding all third-party applications, integrations, content or data providers and APIs. In particular, we make no representation or warranty and disclaim all implied warranties that any application, integration, content or data, API or other product or service offered by any third party will perform as expected, will not change and will not be suspended or terminated.
15. Intellectual property
    1. We own or license all rights, title and interest in and to the Services, including all intellectual property rights in the Services. Nothing in these Terms & Conditions transfers ownership of any rights in the Services, including intellectual property rights, to you.
    2. We grant you a non-exclusive, non-transferrable, non-sublicensable, revocable licence to access and use the Services for your subscription term in accordance with these Terms & Conditions.
16. Data and other Content
    1. As between you and Atomos, you own (or license as applicable), and are responsible for, all content (including videos, images and recordings) and other data that you upload to the Services.
    2. We do not store your data on the Services. You are responsible for saving and backing up your data.
    3. You agree we can use your content and other data you that you upload to the Services on an aggregated, de-identified basis to improve the Website, Products and Services, to the extent permitted under applicable law.
17. Warranties by You
    You represent, warrant covenant and agree that:
    1. you will comply with all applicable laws and regulations, and you will not infringe any rights (including intellectual property rights, rights of publicity, or privacy/data protection rights) in using the Services.
    2. you will not access, tamper with, or use any non-public areas of the Website or Services;
    3. you will not attempt to probe, scan or test the vulnerability of the Website or Services or any related system or network, or breach any security or authentication measures; (d) attempt to decipher, decompile, disassemble, reverse engineer or otherwise investigate any of the software or components used to provide the Website or Services; (e) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation by sending a virus, overloading, flooding, spamming or mail-bombing the Website or Services, or otherwise;
    4. you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Website, Products or Services (“Restricted Countries”), including, without limitation, Cuba, Iran, North Korea or Syria; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; or (iii) that is subject to sanctions in any other country.
18. Availability
    1. We may conduct the Services updates or maintenance from time to time that may disrupt the availability of the Services or result in downtime.
    2. We will use reasonable endeavours to provide notice of any planned the Services downtime to you.
    3. We may change or discontinue the Services in whole or part from time to time, without notice to you.
    4. The Services is provided ‘as is’ and ‘as available’. To the extent permitted by law, we make no warranty, representation or guarantee about the quality, availability, reliability, performance or security of the Services or any third party applications or that they are fit for your purpose or error-free.
19. Cancellation of subscription
    1. In addition to any rights of cancellation you may have under section 0, you may cancel your subscription package:
       1. at any time through the Services’ settings (although if you cancel your subscription early, you will not receive any refund of the subscription fees paid for any unused subscription period); or
       2. for our breach of these Terms & Conditions where you have provided notice of the breach and, if the breach is capable of remedy, we have failed to remedy the breach within 14 days. We will refund any unused portion of the subscription package you have paid for.
    2. Subject to section 0, we may cancel or suspend your subscription package for any reason, including where we:
       1. reasonably suspect your breach of these Terms & Conditions; or
       2. discontinue or suspend the Services.

Part 3 General Terms

20. Payment
    1. When and how to pay:  we generally accept all major credit and debit cards and other common internet payment methods.  Payment for our products and all applicable delivery charges is in advance unless otherwise notified to you at checkout. We will charge your payment instrument as soon as we accept your order unless otherwise notified to you at checkout. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION FOR.
    2. The prices of Products and subscription packages displayed on our website are inclusive of goods and services tax, value-added tax and any equivalent tax.
    3. We use a third party payment gateway. You may be required to accept the terms of the third party payment gateway provider in order to pay for the Products or Services.
21. Privacy
    We will collect, use, disclose, store and otherwise handle your personal information in accordance with our Privacy Policy.
22. Liability
    1. Nothing in these Terms & Conditions excludes, restricts or modifies any right, remedy, guarantee, warranty or condition at law that cannot be excluded, restricted or modified.
    2. Neither party is liable for any delay or failure to perform under these Terms & Conditions that arises due to a force majeure event (except your obligation to pay us).
    3. To the extent permitted by law, we will not be liable for any consequential, indirect or special losses, including loss or corruption of data or other content (including images, recordings or video), loss of revenue and profit or business, however arising, or losses to non-consumers.
    4. Nothing in this clause excludes your statutory rights.
23. Change of mind
    Subject to section 7, we do not provide a refund or replacement if you change your mind about the Products or Services, or the Cloud Studio subscription package purchased.
24. General
    1. We own all rights, title and interest in and to any feedback you provide about the Products or the Services, including in relation to improvements, enhancements or other changes.
    2. You warrant that all information you provide to us is true, accurate and complete
    3. We may update these Terms & Conditions from time to time. If we make a material change to these Terms & Conditions, we will give you notice and:
       1. if you have an existing order for Products, the change will not apply to the order; and
       2. if you have an existing subscription to the Services, you can cancel your subscription to the Services before the end of the notice period if you do not agree with the change.
       3. For non-material changes, we will upload the updated Terms & Conditions to the Website and they will take effect and apply to your orders of Products and use of the Services after that.
    4. To the extent permitted by law, these Terms & Conditions constitute the entire agreement between you and us in relation to the Website and to your purchase, and our supply, of the Products, and supersede any prior agreements or understandings.
    5. A waiver of any right under these Terms & Conditions is only effective in writing. A waiver of a right does not constitute a continuing waiver of any subsequent exercise of that right.
    6. Any clause in these Terms & Conditions that is invalid, illegal or unenforceable in a jurisdiction will be severed in that jurisdiction and not affect the validity, legality or enforceability of that clause in another jurisdiction or of the remaining clauses.
    7. These Terms & Conditions are between you and us. Nobody else can enforce these Terms & Conditions. We may, however, transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    8. These Terms & Conditions are governed by the laws in force in Victoria, Australia. You irrevocably agree to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia , although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.  If you are a resident of the United States, you hereby consent to receive service of process by electronic means or social media to the extent allowed by the applicable federal or state court. This constitutes consent in writing as contemplated in U.S. Federal Rule of Civil Procedure 5(b)(2)(E) and any applicable state (or other jurisdiction) equivalent.
    9. The United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms & Conditions.
25. Contact details
    You can contact us using this Contact Us form.