Terms and Conditions

  1. Acceptance of Terms of Use
    1. These Terms of Use govern your use of the service. By using, visiting, or browsing the service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the service.
    2. The licences are provided by the Transformation Academy Trust, trading as Kingdom Culture School of Ministry ("Kingdom Culture").
  2. Changes to Terms of Use
    Kingdom Culture may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately.
  3. Communication Preferences
    By using the service, you consent to receiving electronic communications from Kingdom Culture relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the service and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. If you do not wish to receive future messages, send a reply with UNSUBSCRIBE in the subject line.
  4. Licences, Billing and Cancellation
    1. Licences
      We may offer a number of offers and/or licence plans with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your licence by visiting our website. We reserve the right to modify, terminate, or otherwise amend our offered licence plans.
    2. Billing
      1. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
      2. Refunds. You have 30 days from the date of purchase to request a refund by emailing us at Kingdom Culture. Note: access to the licences and resources will be revoked when a refund is provided. At any time, and for any reason, we may provide a refund, discount, or other consideration ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future, nor does it obligate us to provide credits in the future, under any circumstance. This is in addition to your rights under consumer protection legislation as detailed below.
      3. Payment Methods. You may edit your Payment Method information by visiting our website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
      4. Cancellation. You may cancel your licence plan at any time and will lose access to all purchased licences and resources.
  5. Service
    1. The service, and any content viewed through our service, are for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the service and view resources through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
    2. We continually update the service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of resources, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    3. You agree to use the service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the service without express written permission from Kingdom Culture and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the service; use any robot, spider, scraper or other automated means to access the service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the service; insert any code or product or manipulate the content of the service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the service, including any software viruses or any other computer code, files or programs.
    4. The selection of content will vary from time to time. We may stop providing any particular content, in whole or in part, at any time, without notice. The quality of the display of the streaming resources may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Kingdom Culture makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a resource will vary based on a number of factors, including your location, available bandwidth at the time and the resource you have selected.
    5. Whenever we provide Services to you we will try our best to provide them with reasonable care and skill. Because of the nature of video on demand internet services, at times our ability to do so will be outside of our control, including our services reliance on other services that we do not own or control (e.g. internet or electricity). We cannot represent or guarantee our services will be:
      1. interruption or fault free, or that any faults or errors will be able to be corrected;
      2. available at any particular time or location;
      3. available, or available without change, for any minimum period of time;
      4. secure or private.
    6. The software is developed by, or for, Kingdom Culture and is designed to enable streaming of content from Kingdom Culture. This software may vary by device and medium, and functionalities may also differ between devices.
    7. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  6. Passwords & Account Access
    1. The member who created the account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. b. In order to provide you with ease of access to your account and to help administer the service, Kingdom Culture implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the service, which includes accessing via the website.
    2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the website and not through a hyperlink. Kingdom Culture reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Kingdom Culture is not obligated to credit or discount a membership for holds placed on the account by either a representative of Kingdom Culture or by the automated processes of the service.
  7. Gifts & Promotions
    1. From time to time types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Kingdom Culture in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
  8. Intellectual Property
    1. Kingdom Culture (and other service providers who work with us) own or are licensed to use intellectual property rights in all licences including the content, graphics, text, audio/video clips, data compilations, digital downloads, logos, trade marks, photographs, images, tools, software, personal identifiers and anything else Kingdom Culture uses or makes available to you in connection with the licences (together "Works").
    2. These rights include, for example, all copyright, trade mark and design rights. All title, interest and rights (including but not limited to ownership and intellectual property rights) in these Works will remain in Kingdom Culture and/or our providers. You acknowledge such title, interest and rights in these Works and will not take any action to jeopardise, limit or interfere in any manner with Kingdom Culture's or our providers' title, interests or rights in these Works with respect to the services, including, but not limited to, the unauthorised use of any content, or Kingdom Culture's trademarks or trade name.
    3. Your use of any software provided by us is governed by the terms of the end user licence agreement, if any, which accompanies or is included with, or referenced in, the software. You may not install or use any software that is accompanied by or includes a licence agreement unless you first agree to the licence agreement terms, which agreement will be deemed to be given if you use the software. For any software not accompanied by a licence agreement, Kingdom Culture grants to you a revocable personal, non transferable licence to use the software for viewing and otherwise using the particular service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or software is expressly prohibited.
    4. You must not copy, distribute, license, transmit, publish, display, download (except temporary page caching required for personal use), modify, create derivative works from, or offer for sale any Works or any information located on or within the Kingdom Culture website or services without our express written consent. Your licence to use the Works in accordance with these Terms of Use immediately cease upon the termination, suspension, expiration or cancellation of your Account for any reason. e. Kingdom Culture reserves the right to take all steps necessary to prevent the unauthorised distribution, copying, reproduction, broadcasting or communication of the Works.
    5. To the fullest extent permitted by law, you agree that Kingdom Culture will not be responsible for copyright infringement and/or unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of our services or our websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You also agree that Kingdom Culture not responsible for any content sent using, or included in, our service or websites by any third party.
  9. Mediation
    1. Any dispute arising out of or relating to this contract may be referred to mediation, a non-binding dispute resolution process in which an independent mediator facilitates negotiation between the parties. Mediation may be initiated by either party writing to the other party and identifying the dispute which is being suggested for mediation. The other party will either agree to proceed with mediation or agree to attend a preliminary meeting with the mediator to discuss whether mediation would be helpful in the circumstances. The parties will agree on a suitable person to act as mediator or will ask the Arbitrators' and Mediators' Institute of New Zealand Inc. to appoint a mediator. The mediation will be in accordance with the Mediation Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc.
    2. The mediation shall be terminated by -
      1. The signing of a settlement agreement by the parties; or
      2. Notice to the parties by the mediator, after consultation with the parties, to the effect that further efforts at mediation are no longer justified; or
      3. Notice by one or more of the parties to the mediator to the effect that further efforts at mediation are no longer justified; or
      4. The expiry of sixty (60) working days from the mediator's appointment, unless the parties expressly consent to an extension of this period.
    3. If no mediation is agreed to or if the mediation should be terminated as provided above any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days, then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.
  10. Consumer Protection and Liability
    1. As a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these Terms of Use, and are not impacted by anything in this clause 5.
    2. If you are acquiring the services for the purposes of a business as defined in the Consumer Guarantees Act 1993 you acknowledge that the provisions of that Act do not apply to the Services that that we provide to you under this agreement.
    3. Your liability to us:
      1. you accept your liability to us for breach of contract or negligence, and
      2. you are not liable for any loss to the extent that it is caused by us (for example, through our breach of contract or negligence).
    4. Our liability to you:
      1. we accept our liability to you for breach of contract or negligence subject to this clause, and for our breach of consumer protection laws, such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 to the extent they apply to you.
      2. we are not liable for any loss to the extent that it is caused by you (for example, through your breach of contract or negligence).
    5. We are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings.
    6. You may become aware that you have suffered loss before we do. If you suffer any loss as a result of this agreement, you agree to take reasonable steps to avoid or minimise your loss and that we are not liable for any loss that results from your failure to take reasonable steps to do so.
    7. We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms of Use by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms of Use and provision of services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the services), be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms of Use in the circumstances contemplated by this clause.
    8. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
  11. Privacy
    1. We collect personal information from you, including information about your:
      1. name
      2. contact information
      3. billing or purchase information.
    2. We collect your personal information in order to provide you with licences to download
    3. You can let us know at any time if you do not want to receive sales and marketing information by contacting us.
    4. Besides our staff, we share this information with a credit agency in order to take actions to collect any outstanding sums.
    5. Providing some information is optional. If you choose not to enter the information we request, we will be unable to provide the licences to download.
    6. You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you would like to ask for a copy of your information, or to have it corrected, please contact us at Kingdom Culture.
  12. Disclosure of Information
    1. We may disclose information about you or your use of our websites and/or services without your prior permission if we have a good faith belief that such action is necessary to:
      1. Conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law.
      2. Protect our rights or property or those of our related companies.
      3. Enforce these Terms of Use or any specific product terms.
      4. Act to reasonably protect the interests of our, or our related companies, customers or others.
    2. To the extent required by law, we may also disclose to copyright owners such information relating to your use of services as may be required for such copyright owners to enforce their rights against you.
  13. Governing Law
    These Terms of Use shall be governed by and construed in accordance with the laws of the New Zealand without regard to conflict of laws provisions.
  14. Use of Information Submitted
    Kingdom Culture is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the service, including the website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
  15. Customer Support
    If you need assistance with your account, please visit our contact page. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
  16. Survival
    If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.