Customer terms

1. About these terms

These terms are the agreement between Venocast and the club or organisation that uses Venocast. Venocast is run by Jason Vugrek (ABN 90 265 517 635). "We" and "us" means Venocast. "You" and "your club" means the club or organisation named on your quote.

They apply when your club accepts a quote from us, pays our first invoice or starts using Venocast, whichever happens first. The person who accepts them for your club confirms they're allowed to.

Your quote sets out your plan, your price, your number of screens and your start date. If your quote and these terms disagree, the quote wins.

2. What your club gets

• The Venocast Live Display on your screen, with your club's details, weather, notices and sponsor advertising.
• The sponsor database, the scheduler and reports, used through the Venocast website.
• A Venocast device for each screen on your plan, lent to you (see section 7).
• If your club orders the Venocast Kiosk, the kiosk itself (see section 8).
• Hosting, updates, support and device maintenance for as long as your plan runs.

Your plan includes your first screen. Each extra screen is a once-off fee, shown on your quote, which covers its device and setup.

3. Setting up

We set up your club's account and its Venocast device, and help you get your screen showing. Your club provides the television or display, power, an HDMI connection and an internet connection (wired or Wi-Fi) that lets the device connect out to Venocast.

If your network blocks Venocast, or the internet drops, your screen keeps showing what it last received and catches up when the connection comes back. We'll help you work out a network problem, but we can't control your club's internet or equipment.

4. Fees and payment

• Fees are in Australian dollars and are shown on your quote and our pricing page.
• We invoice the setup fee and your first payment when you sign up. After that we invoice yearly (annual plan) or monthly (monthly plan), in advance.
• Invoices are due within 14 days.
• We aren't registered for GST, so our prices don't include GST. If we register, we'll treat any change to what you pay as a price change under section 6.
• If an invoice is more than 30 days overdue, we'll remind you in writing. If it's still unpaid 14 days after that reminder, we may pause your club's access and screens until it's paid. We won't delete anything while access is paused.

5. How long it runs, and ending it

Annual plan

• Your plan runs for 12 months from your start date.
• It then renews for another 12 months unless you cancel before the renewal date.
• We'll email you at least 30 days before each renewal date with the renewal price, so it never renews without warning.
• To cancel, email hello@venocast.com.au any time before the renewal date. Your plan then ends on the renewal date.
• 60-day guarantee: if you cancel within 60 days of your start date, we refund your annual fee. The setup fee isn't refunded, except where the law requires it.
• The guarantee doesn't apply to the Venocast Kiosk (see section 8).

Founding Five clubs

• The annual plan above applies.
• If you cancel within 60 days of your start date, we refund everything you've paid, including the setup fee, once the Venocast device is returned.

Monthly plan

• Your plan continues month to month.
• You can cancel at any time by giving us 30 days' notice by email.
• The setup fee and months already paid aren't refunded, except where the law requires it.

If we end it

• We can end your plan for any reason by giving you at least 60 days' notice. We'll refund any fees you've paid for the time after it ends.
• Either of us can end it straight away by notice if the other seriously breaks these terms and doesn't fix it within 14 days of being asked in writing.

When your plan ends

• Your club's access and screens stop.
• Return the Venocast device (see section 7).
• Your club's information is handled as set out in section 12.

6. Price changes

• Annual plan: your price is fixed for the 12 months you've paid for. A new price can only apply from your next renewal, and we'll tell you it in the renewal email at least 30 days before. If you don't want to pay it, cancel before the renewal date.
• Monthly plan: we'll give you at least 30 days' notice of a new price. You can cancel before it starts, without any charge.

7. The Venocast device

• Each device stays the property of Venocast. We lend it to your club for as long as your plan runs.
• Please keep it somewhere ventilated and dry, and don't open it, change its software or use it for anything else.
• If a device fails through normal use, we fix or replace it at no cost to you.
• If a device is lost, or damaged by something other than normal use, we may charge the cost of a replacement. We'll tell you the amount before we charge it.
• The device connects to Venocast over the internet. We can reach it remotely, but only to update, maintain and support it. It holds only what your screen needs to play: no sponsor contact details and no sponsorship values.
• When your plan ends, return the device within 30 days. We'll arrange collection, or tell you how to send it back at our cost. If it isn't returned within 30 days, we may charge the cost of a replacement.

8. The Venocast Kiosk

If your club orders the Venocast Kiosk, this section applies as well as the rest of these terms.

• What it is: a 65" freestanding kiosk with your club's logo backlit on the base, made to order for your club and installed by us, together with setup and the first year of the annual plan. Freight from the maker to your club isn't included in the package price. We quote it for your club's location before you order, and it's added to your invoice. From your second year, the annual plan in section 5 applies at the price on your quote.
• Ordering and paying: we invoice 50% when you order and 50% when the kiosk is installed. We order the kiosk from its maker only once the first 50% is paid. It's made to order and usually takes 4 to 6 weeks. We'll confirm the install date with you.
• Cancelling before it's installed: because the kiosk is made for your club, if you cancel after ordering we keep the 50% deposit, and you don't pay the second 50%. If we can't supply the kiosk, we refund everything you've paid.
• Who owns it: your club owns the kiosk once it's paid in full. Until then it belongs to us. The Venocast device inside it is lent to your club like every Venocast device, and stays ours (section 7).
• The 60-day money-back guarantee in section 5 doesn't apply to the Venocast Kiosk.
• If something goes wrong with it: contact us, not the maker. We'll deal with the maker's warranty for you. If the Venocast device inside fails through normal use, we fix or replace it at no cost. Your rights under the Australian Consumer Law (section 15) apply as well.
• Looking after it: once it's installed, your club is responsible for the kiosk, including any damage, loss or theft, and moving it. We suggest adding it to your club's insurance. A fault from normal use isn't damage, and is covered as above.
• If your plan ends: the kiosk stays with your club. We collect the Venocast device inside it, as section 7 says, and the kiosk no longer shows Venocast.

9. Your club's content

• Your club owns everything it puts into Venocast: club details, notices, sponsor details, artwork, pictures and videos. We only use it to provide Venocast to your club.
• You give us permission to store, copy, convert and display it for that purpose, for as long as your plan runs.
• You're responsible for what goes on your screens. Make sure your club has the right to use every logo, picture, video and piece of music, and that adverts follow the law and any conditions on your club, such as rules about alcohol or gambling advertising.
• If you show people's names on a screen, such as a hole in one or a competition winner, make sure your club is allowed to.
• We may take down content that appears unlawful or that someone credibly says infringes their rights. We'll tell you first unless it's urgent.

10. Your sponsors

• Your sponsorships are between your club and your sponsors. Your club sets its own advertising packages and prices, invoices its sponsors itself and keeps 100% of that money. Venocast isn't a party to those arrangements.
• We never contact your sponsors, and we never use their details for our own marketing.
• Venocast's reports show what your screens reported playing: plays, time on screen and active days. They don't measure how many people saw an advert. Please don't describe them to sponsors as views, impressions or audience.

11. Accounts, access and Venocast support

• Your club decides who has a login and what they can do. Keep passwords private, and tell us straight away if you think someone has got in who shouldn't have.
• When you ask for help: someone at your club can let Venocast support in from the People page. Support can then see and change what your club's managers can, including sponsor values and contact details, for up to 3 days. Anyone at your club can end it sooner. Everything support changes is recorded and shown to your club.
• When nobody at your club can let us in, for example while we set your club up, or if everyone with a login has left, we may let ourselves in for up to 7 days, for a stated reason. That is recorded in your club's record too, where your people will see it.
• We don't look at your club's information at any other time.

12. Your club's information

We hold your club's information on your club's behalf. This includes personal information, such as your people's logins and your sponsors' contact details. Our privacy policy explains how we handle personal information. For your club's information we also agree that:

• We only use it to provide, support and improve Venocast for your club. We never sell it.
• It's stored in Australia, in Sydney. Our privacy policy lists the services we use. We'll tell you before we start storing your club's information outside Australia.
• We keep each club's information separate from every other club's, and protect it with encrypted connections, scrambled (hashed) passwords and access limited to the people who need it.
• If we become aware that someone has got into your club's information without permission, we'll tell you without delay, and within 3 days. We'll help you deal with it, including any notice your club must give under privacy law.
• Your sponsor program and advertising reports can be downloaded as spreadsheets at any time. When your plan ends, ask us and we'll send a copy of your club's sponsor list and artwork.
• We delete your club's information within 90 days after your plan ends. We keep only what the law requires us to, such as our invoices to you.

13. Keeping Venocast running

• We work to keep Venocast running at all times, but we can't promise it will never be interrupted.
• Where we can, we do planned maintenance outside club hours, and we'll give you notice of anything likely to affect your screens for more than a few minutes.
• Support is by email and phone on weekdays during business hours (Sydney time). We aim to reply within one business day.
• We keep improving Venocast and may change how parts of it work. We won't remove the Live Display, the sponsor database, the scheduler or reports while your plan runs.

14. Confidentiality and ownership

• Each of us keeps the other's private business information confidential, unless the law requires otherwise.
• Venocast's software, designs, layouts and name belong to us. Your club may use them through Venocast while your plan runs. If you send us ideas or feedback, we may use them to improve Venocast.

15. Your rights under the Australian Consumer Law

Venocast comes with guarantees under the Australian Consumer Law that can't be excluded. Nothing in these terms takes them away. Where the law allows, if we fail to meet one of those guarantees, our responsibility is limited to supplying the service again or paying the cost of having it supplied again.

16. Limits on responsibility

Subject to section 15:

• neither of us is responsible to the other for loss of profit or revenue, or for indirect loss;
• each of our total responsibility to the other under these terms is limited to the fees your club paid us in the 12 months before the claim arose.

These limits don't apply to fees your club owes us, or to loss caused by fraud or by deliberately breaking these terms.

17. Changes to these terms

• We may update these terms. We'll email you at least 30 days before a change takes effect.
• If a change makes things worse for your club, you can cancel before it takes effect, and we'll refund any fees you've paid for the time after you leave.
• The date at the top shows when these terms last changed.

18. If something goes wrong

If you're unhappy with anything, tell us first at hello@venocast.com.au or on 0410 227 158. Most things can be fixed in a conversation. If we can't sort it out within 30 days, either of us may take it further.

These terms are governed by the law of New South Wales.

19. General

• We send notices by email to the address your club gives us. Your club can send notices to hello@venocast.com.au.
• If Venocast's business is sold or transferred, we may transfer these terms to the new owner and will tell you. If you don't want to continue, you can cancel and we'll refund any fees you've paid for the time after you leave.
• If part of these terms can't be enforced, the rest still applies.
• Your quote and these terms are the whole agreement between your club and Venocast about Venocast.