Terms and Conditions
Last updated: 1st August 2018
These are the agreed terms:
These Terms and Conditions form the basis of the Demand Film rewards program (‘Program’). They are intended to protect both Members and Demand Film Europe Ltd Ground Floor, Palace Court, Church Street, St. Julian’s STJ3049, Malta (‘Demand Film’), the operator of the program. It is the Member's responsibility to read and understand them.
These Terms and Conditions are effective as at the date specified above and may be amended by Demand Film from time to time. The current Terms and Conditions are those available at this website. Members will be provided with access to the Terms and Conditions at the time of joining the Program.
Every Member is bound by these Terms and Conditions.
In these Terms and Conditions unless the context otherwise requires:
at a point in time, means a Member who joined the Program; 'Demand Film Customer Service' means a centre operated by Demand Film where membership information is processed and Screencreds are administered;
means a person who is a member of the Program;
means membership of Screencreds;
means the record of a Member's Membership, which is available to the Member online at www.demand.film
'3rd Party Partner'
means an entity with whom Demand Film has entered into an agreement to provide for Members to earn Screencreds when acquiring certain goods or services (or as otherwise agreed with Screencreds) or to redeem Screencreds for certain goods or services, or both;
means Screencreds cryptotokens pursuant to these Terms and Conditions unless otherwise stated;
means Demand Film Europe Ltd;
means Screencreds Reward program’s internet site;
'Terms and Conditions'
means these Screencreds Terms and Conditions.
3. Changes to Screencreds
Subject to clause
Demand Film reserves the right to make any changes (whether material or otherwise) to the Program and the Terms and Conditions, including:
- The ways in which Screencreds are earned and redeemed
- Screencreds earning rates
- Service charges and other fees
changes to 3rd Party Partners, or the products and services offered by any of those parties on which Screencreds may be earned;
changes to any 3rd Party Partner participation including restrictions on earning and/or redeeming Screencreds.
Demand Film will give 30 days’ advance notice by email of any material change, but if the change is required urgently to protect Demand Film, Members or 3rd Party Providers, Demand Film is not required to give advance notice.
4. Termination or Suspension of Screencreds
Demand Film gives no warranty as to the continuing availability of Screencreds. Demand Film may terminate or suspend Screencreds at any time. Demand Film will give at least one month’s notice to Members of such termination or suspension, except if Demand Film becomes insolvent, in which case Screencreds will cease immediately.
If Demand Film terminates or suspends Screencreds, Members will be able to redeem Screencreds during the notice period with participating merchants in accordance with these Terms and Conditions, except where Demand Film is ceasing to operate a business and/or has gone into liquidation or other form of administration, in which case Demand Film may terminate the ability to redeem with participating merchants immediately without notice.
Membership of the Program is open only to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments or agencies.
Persons wishing to become Members must apply for Membership. Membership is offered at the discretion of Demand Film. Demand Film has the right to accept or reject any application for Membership.
Each Member may have only one Program account.
Members may, at any time, cancel their Membership by contacting Demand Film. Demand Film will cancel the relevant Membership. At the time of requesting cancellation, the Member will be advised by email they have 60 days to spend their remaining Screencreds with a 3rd Party Partner. If no transaction is made within 60 days of the cancellation, accumulated Screencreds in that Member's account may be forfeited to Demand Film. Accordingly, Demand Film recommends that Members carefully plan all cancellations to avoid forfeiture of accumulated Screencreds.
6. Member obligations and responsibilities
Members must not:
act in any way which breaches these Terms and Conditions;
abuse or misuse Screencreds, any Rewards, Benefits, facilities, services or arrangements accorded to the Member as a result of Membership including:
engaging in illegal or fraudulent activities; or
supplying or attempt to supply false or misleading information or making a misrepresentation to Demand Film or 3rd Party Partners.
Each Member is responsible for ensuring that they have sufficient Screencreds to redeem when making a redemption request.
Each Member is responsible for regularly checking their Membership Account and must:
notify Demand Film of any omissions, incorrect entries or other discrepancies within three months of the applicable transaction;
notify Demand Film or the applicable partner (as specified by Demand Film) of any omissions, incorrect entries or other discrepancies within three months of any other transaction (or such other period specified by the partner). Note: Partners will not accept retrospective claims for Screencreds. Members should check with the individual partner on their requirements. Demand Film and each 3rd Party Partner reserves the right to require proof of earning from the Member, including copies of receipts or similar documentation.
7. Suspension or Termination of Membership
If a Member has committed a material breach of any of the Terms and Conditions, then Demand Film may do any one or more of the following:
suspend or terminate the Member's Membership
reverse or cancel the Member's Screencreds or any part thereof to the extent the Member’s holding of the Screencreds is attributable to that breach.
If Demand Film intends to take action under clause 8.1, it will notify the Member of its intention and the reason for that action.
Membership will terminate automatically on the death of a Member. Screencreds earned but not yet redeemed or transferred prior to the death of the Member will be transferrable to the next of kin. Demand Film will close the Member's account on notification of the Member's death. Demand Film will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation. If the next of kin do not claim the Screencreds allocation within twelve months of the termination of the membership, ownership of the Screencreds will revert to Demand Film.
8. Earning Screencreds
To earn Screencreds via Demand Film, Members must sign in to their Demand Film account when transacting.
A Member may earn Screencreds only in relation to eligible transactions entered into after the Member's enrolment date. Except as provided elsewhere in these Terms and Conditions, or as otherwise specified by Screencreds, Screencreds may be credited only to the account of the Member who has acquired the eligible goods or services or entered into an eligible transaction.
Screencreds will not be awarded in relation to any transactions that are cancelled, refunded or returned. Demand Film may cancel or deduct any Screencreds that have been awarded in relation to cancelled and/or refunded transactions.
Except as otherwise provided in these Terms and Conditions, Screencreds never expire.
Screencreds may be earned for 3rd Party Partner transactions and other Screencreds activities. The number of Screencreds earned will differ depending on the 3rd Party Partners and the market value of Screencreds at the time of earning.
Earning Screencreds from 3rd Party Partners
Screencreds has arrangements with 3rd Party Partners in relation to the awarding of Screencreds to Members. Such arrangements may change from time to time and may include the awarding of Screencreds for participation in loyalty schemes or promotions, as purchasing incentives and as performance incentives. Demand Film may, from time to time, participate in other such arrangements or approve other ways in which Members may earn Screencreds and additional terms and conditions applicable to earning those Screencreds will be made available by the applicable partner and/or at or through the Screencreds website.
9. Account Information
Members may access account information without charge at www.demand.film, including Screencreds earned and Screencreds redeemed.
Screencreds cannot be transferred between different Demand Film accounts without exception.
11. Redeeming and Exchanging Screencreds
In addition to the Screencreds required, Members must pay any other amounts quoted at the time of redemption.
Screencreds earn and redemption transactions may be subject to personal income or other tax assessment. Members are advised to check with their accountant or tax adviser for further information. A summary of certain Australian income tax considerations is provided at the end of these terms & conditions.
Members must have in their account at least the number of Screencreds required to redeem the chosen amount at the time the redemption is processed.
Any credit or refund made to a Member under these Terms and Conditions will be made:
in Screencreds to the extent that the Member redeemed Screencreds as part of the transaction; and
in money refunded to the Member's Accepted Payment Card to the extent that the Member paid money as part of the transaction, less any applicable fee.
12. Personal Information
It is a condition of Membership that a Member consents and authorises Demand Film to collect, use and disclose the information on their application form and other information that Demand Film collects in relation to the Member for the purposes described in this clause, and disclose such information to 3rd Party Partners and any other person (including related bodies corporate, agents and contractors) for the purposes of:
Demand Film or any of its related bodies corporate, providing products or services, including the awarding of Screencreds to Members;
Demand Film or any of its related bodies corporate improving customer service, including by means of research, marketing, product development and planning;
Demand Film marketing its products or services or the products or services of third parties; and
any third party providing services to Demand Film, any of its related bodies corporate or Members in connection with the administration of Screencreds. This information may be transferred to or from Australia for these purposes. If all or any part of the requested information is not provided by the Member, the services provided to that Member by Demand Film may be affected.
It is a condition of Membership that a Member consents to Demand Film collecting, using, disclosing and sharing the Member's personal information so that Demand Film and other third parties can generate consumer insights about the Member and for Demand Film to offer the Member its and its partners' products and services that may be of interest to the Member. Demand Film and other third parties may also disclose the Member's personal information to parties who assist them to promote their products and services. In order to generate consumer insights about Members, Demand Film may collect and combine personal information about the Member from third parties or public sources (eg Census data) and Demand Film may disclose and share that personal information. This includes being able to better understand a Member's preferences and interests, personalise their experience, enhance the products and services they receive, and to tell them about products and services.
Demand Film acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. To the extent permitted by law, Demand Film limits its liability under such terms, conditions and warranties to the maximum extent permitted by law. For example, for consumers, services come with non-excludable warranties under the Australian Consumer Law that they will be provided with due care and skill and be reasonably fit for their purpose. Demand Film limits its liability for breach of such warranties to supplying the service again or the cost of supplying services again (at Demand Film’s election).
Demand Film and any of their officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions or Screencreds, including, without limitation, any changes to the Terms and Conditions of the Program, save to the extent that such loss or claim arises from the negligence or wilful misconduct of Screencreds, or any of their officers, employees or agents, or from breach of terms, conditions or warranties specified in this document.
Interpretation: In these Terms and Conditions, unless the contrary intention appears:
the singular includes the plural and vice versa;
dollars or '$' means Australian dollars;
unless otherwise stated, all dollar amounts include any applicable GST;
dates or times are Universal Time Code (or GMT) dates or times; and
a reference to 'include' or 'including' means 'including but not limited to'.
Governing Law: The Terms and Conditions and membership in the Program are governed by and will be construed in accordance with the laws of Malta irrespective of where the application for Membership has been completed by the Member or submitted to Demand Film. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member submits to the non-exclusive jurisdiction of Malta.
Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.
If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.