Filmfest Limited ACN 12 006 391 902 (Filmfest) is a company which promotes cinema and screen education, principally through the Melbourne International Film Festival (MIFF), which it conducts annually. The melbournefilmfestival.com.au website (the ‘MIFF Website’ or ‘Website’) is operated by Filmfest Ltd. By accessing or otherwise using the MIFF Website, including the online services, you agree to be bound by these conditions of use and acknowledge that Filmfest provides the Website to you on these conditions of use. Our PRIVACY POLICY forms part of this document.

You must read and accept (or reject) the conditions of use (see below) as a condition of you using or relying on any part of this Website or a service provided via the Website. If you do not accept these conditions and the PRIVACY POLICY, then you must stop using the Website immediately.

Filmfest is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the MIFF Website at any time by posting the amendment on the Website or by notifying you by any other means of communication. Your continued use of the Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection
Filmfest owns, or is otherwise licensed to use, all intellectual property on the MIFF Website, unless indicated otherwise. Subject to these conditions of use, Filmfest grants to you a non-exclusive and non transferable licence to view, download and use information directly accessible through the Website for personal and non-commercial use.

You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe Filmfest’s intellectual property (including its trade marks and copyright) in the MIFF Website and will not reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, distribute or communicate any part of the MIFF Website or any information contained therein or otherwise use them in a way which will infringe Filmfest’s intellectual property or other property rights, except as permitted by statute or with Filmfest’s prior written consent.

Except as provided by law, the MIFF Website is provided “as is” and without any warranty or condition, express or implied. Filmfest does not warrant that the information contained in or accessible through the MIFF Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Filmfest guarantee continuous, uninterrupted or secure access to the MIFF Website. You acknowledge that access and use of the MIFF Website (including the software operating in connection with the MIFF Website) may be interfered with by numerous factors outside of Filmfest’s control. Filmfest does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the MIFF Website. Subject to the provisions of the Trade Practices Act 1974, Filmfest makes no representations or warranties in respect of the information and materials available on the MIFF Website or the means of accessing that information and material (including the software operating in connection with the MIFF Website).

Filmfest makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Filmfest which are or may become linked or framed to or from the MIFF Website. You access those sites and use the products and services made available at those sites solely at your own risk.

Use of Information
If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the MIFF Website, you agree that such Content will be available to Filmfest to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Filmfest considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the MIFF Website or otherwise breaches or encourages other users to breach these conditions of use; or
  • violates any law, statute or regulation, or is contrary to any relevant standards or codes; or
  • forges information to disguise the origin of any Content; or
  • encourages or incites any other person to engage in any of the above behaviour.

You agree to grant Filmfest a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the intellectual property you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

Limitation of Liability
You agree that Filmfest is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the MIFF Website, the use by Filmfest of Content or any such loss or damage which may arise should you be unable to access the MIFF Website, for whatever reason and however arising, including negligence.

To the extent that Filmfest is able to limit the remedies available under these conditions of use, Filmfest expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Filmfest’s sole discretion):

  • in the case of goods, any one or more of the following:
    i. the replacement of the goods or supply of equivalent goods;
    ii. the repair of the goods;
    iii. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
    iv. the payment of the costs of having the goods repaired; and
  • in the case of services:
    i. supply of the services again; or
    ii. the payment of the cost of having the services supplied again.

You indemnify Filmfest against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

your breach or non-observance of any term of these conditions of use;
any breach or inaccuracy in any of your representations or warranties; or
your use of the Website.

You must not establish links or frames on any other website to the MIFF Website or any other part or parts of the MIFF Website, without the prior written consent of Filmfest. If you would like us to link to your website, please contact miff@melbournefilmfestival.com.au

Third party content
Products and services offered for sale or advertised, and information provided on the Website may be products, services and information of, or related to, third parties. These products, services, information and third parties are not provided or endorsed by us and your legal relationship is with the third party. We have not checked the accuracy or completeness of the information, or the suitability or quality of the products and services of third parties. You must make your own enquiries with the relevant third party direct before relying on any third party information or entering into a transaction in relation to the third party products and services supplied via the Website. You should check with the third party whether there are additional charges and terms which may apply. We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on the Website or accessible through a hyperlink on the Website. You acknowledge and consent to us receiving these fees.

Breach and termination
If, in our reasonable opinion, you breach any provision of these conditions of use Filmfest may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the MIFF Website. In any event, Filmfest may terminate these conditions of use (and your right to use the Website) at any time and for any reason without prior notice to you.

Choice of Law and Use of Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia.

Filmfest has designed the MIFF Website for use predominantly within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.

The Website is available only to people using the Website in Australia who can form legally binding contracts under applicable law.

No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Filmfest by these terms of use.

Contact Us
You can contact Filmfest by:

  • emailing us at miff@melbournefilmfestival.com.au
  • writing to us at Filmfest, GPO Box 4982, Melbourne, Victoria, Australia 3001
  • telephoning us on +61 3 8660 4888