Quickflix Terms & Conditions

 
  • 1 Introduction

    • 1.1 Services

      Quickflix Limited ("Quickflix" "we", "us" or "our") provides a way for you to watch films, television programmes and other audio visual content ("Content") via:
      • the following streaming services:
        • our standard subscription streaming service consisting of a selection of Content that can be streamed to Approved Streaming Devices within the territory ("Standard Streaming Service");
        • a range of other subscription streaming services featuring a specialised selection of Content that can be streamed to Approved Streaming Devices within the territory ("A la Carte Streaming Services");
        • a range of individual pieces of Content that can be streamed to PPV Approved Streaming Devices within the territory on a pay per view ("PPV") basis ("PPV Streaming Service"), (collectively "the Streaming Services"); and
        • a DVD rental service whereby you receive DVDs and/or Blu-ray discs ("Discs") in the mail ("DVD Rental Service"),
        • (as made available by Quickflix from time to time) which can be managed and accessed at the Quickflix websitewww.quickflix.com.au ("the Website" or "Quickflix Website") (individually and collectively "the Services").The bundling options and pricing for the Services is set out on the Pricing & Packages page of the Website (http://www.quickflix.com.au/PricingAndPlans) ("Pricing & Packages Webpage").
    • 1.2 Your access to the Services is subject to you:

      • becoming a Member in accordance with clause 2(a);
      • agreeing to these terms and conditions ("Terms and Conditions"); and
      • except in the case of any free trials or promotions which may be offered to you from time to time, paying Quickflix:
        • a regular fee for the Standard Streaming Service, A la Carte Services, DVD Rental Service or any bundle of these Services ("Subscription Package"); and/or
        • a fee for one off Content transactions ("Transaction Fee"), which includes purchasing PPV Content using the PPV Streaming Service and renting additional Discs using the DVD Rental Service, in accordance with the pricing information set out on the Pricing & Packages Webpage.
    • 1.3 Terms and Conditions

      These Terms and Conditions apply to your use of the Services, your use of the Quickflix Website and the Quickflix Interfaces (as defined in clause 7.1(a)). You should read these Terms and Conditions before using the Services. These Terms and Conditions as updated from time to time will apply to your use of the Services, the Quickflix Interfaces and access of the Quickflix Website.
    • 1.4 Changes to Terms & Conditions

      • We can change these Terms and Conditions at any time provided that we comply with this clause 1.4.
      • We will notify you by email to the email address you provide us on sign up, of any updates to these Terms and Conditions. If we do so you may choose to cancel the Service in accordance with clause 6.2 if the change makes you materially worse off.
      • The most current version of the Terms and Conditions supersedes and replaces all previous versions and is available at "the Terms and Conditions" hyperlink located at the bottom of each page of the Quickflix Website and here http://www.quickflix.com.au/termsandconditions.
  • 2 Eligibility to be a Quickflix Member and Service User

    • To be a Quickflix member ("Member")you must be at least 18 years of age and have a valid email address that you provide to us and keep current.
    • To be a user of the Services ("Service User") you must be a Member and have a valid credit/debit card with an Australian residential billing address that you provide to us and keep current.
    • When you become a Service User, we may validate your credit/debit card with a test transaction of 1 cent which will result in your available credit/debit being reduced by this amount. These funds are not held by Quickflix but by your card issuer. This can take up to 5-10 days for the validation amount to be re-adjusted on your credit/debit card account. The validation is required to ensure the credit/debit card is not being used fraudulently.
    • Service Users may use one or more of the Services in accordance with these Terms and Conditions.
  • 3 Service Details

    • 3.1 Access to Content on the Streaming Services

      • Subject to availability, the Standard Streaming Service and A la Carte Streaming Services can be accessed, from time to time, on one or more of the following types of devices ("Approved Streaming Devices"):
        • internet protocol enabled laptop and desktop computers;
        • internet protocol enabled televisions;
        • internet protocol enabled game consoles;
        • internet protocol enabled tablet computers;
        • internet protocol enabled Blu-ray devices; and
        • internet protocol enabled home theatres and media centres.
      • You acknowledge that the Standard Streaming Service and A la Carte Streaming Services may not work on all Approved Streaming Devices that fall within the list of device types set out in clause (a). You are responsible for ensuring that you are able to access the Standard Streaming Service and A la Carte Streaming Services through your individual Approved Streaming Devices.
      • Access to certain A la Carte Streaming Services may be dependent on Service Users having subscribed to the Standard Streaming Service.
      • The Standard Streaming Service and the A la Carte Streaming Services authorise you to stream the available Content on an unlimited basis during a given 30 calendar day payment cycle, except for certain A la Carte Services which authorise you to stream the available Content on an unlimited basis for a 24 hour period.
      • The Content available through the Standard Streaming Service and each A la Carte Streaming Service differs and may vary from day to day.
      • The Content available through the Standard Streaming Service and the A la Carte Streaming Services may differ to the Content available through the DVD Rental Service or the PPV Streaming Service.
      • The Standard Streaming Service and the A la Carte Streaming Services are only available to Service Users who are in Australia. Quickflix employs geo-filtering technology and therefore if you are located outside of Australia you will not be able to access Content via the Standard Streaming Service and the A la Carte Streaming Services.
    • 3.2 Access to PPV Streaming Service Content

      • Subject to availability, the PPV Streaming Service Content will be made available to you to start watching on one or more of the following types of devices ("PPV Approved Streaming Devices"):
        • internet protocol enabled laptop and desktop computers,
        • such other devices as are listed on the Quickflix Website from time to time,
        immediately from when you have successfully paid for the Content. Once you have paid for the Content you must watch it within 48 hours. Once you have begun playback of the Content on a PPV Approved Streaming Device you may not watch it on any other device.
      • The PPV Streaming Service Content may differ to the Content available through the Standard Streaming Service, the A la Carte Streaming Services and the DVD Rental Service and may vary from day to day.
      • The PPV Streaming Service is only available to Service Users who are in Australia. Quickflix employs geo-filtering technology and therefore if you are located outside of Australia you will not be able to access Content via the PPV Streaming Service, including Content you have already ordered.
    • 3.3 Limitations on the Streaming Services

      • You acknowledge that streaming of Content via the internet may involve significant internet usage. The payments you make for the Streaming Services do not include any charges for internet usage. You are solely responsible for any internet usage or access charges that your internet service provider may apply in relation to streaming any Content you access as part of your Service or on a trial basis.
      • You acknowledge that:
        • your ability to stream Content and the quality of the streaming is affected by many factors including the specifications of the device through which you are viewing the Content, the internet connection (including the speed of data uploading and downloading) through which the Content is streamed, other tasks that your device is performing whilst the Content is streaming as well as the amount of other traffic on the network at the time you are streaming the Content; and
        • Content may not be immediately available for streaming once you have selected it.
    • 3.4 DVD Rental Service

      • The DVD Rental Service allows you to rent Discs and be provided with Discs via the mail.
      • The Content available through the DVD Rental Service may differ to the Content available through the Standard Streaming Service, the A la Carte Streaming Services and the PPV Streaming Service.
      • There are a number of different Subscription Packages which includes the DVD Rental Service ("DVD Subscription Package")that you are able to choose from that have different entitlements. Your entitlements may be limited to a specific number of Discs within a 30 calendar day payment cycle or limited to a specific number of Discs that you may rent at any point in time.
      • If you are subscribed to a DVD Subscription Package that limits the number of Discs that you may rent within a 30 calendar day payment cycle, then we will stop providing you with Discs once that Disc limit has been reached.
      • If you reach your Disc limit during a payment cycle you can elect through the "My Account" section of the Quickflix Website to rent additional Discs for the Transaction Fees set out on the Quickflix Website for those additional Discs or you may elect to upgrade to a different DVD Subscription Package which has a higher Disc limit or does not place a limit on the number of Disc that you watch in a 30 calendar day payment cycle.
      • The DVD Subscription Package that you subscribe to may also limit the number of Discs that you are able to rent at any one time. Once you have reached this Disc limit we will not send you the next Disc until we receive a returned Disc back from you.
      • For all DVD Subscription Packages we recommend that you always have at least 20 Discs pre-selected in the My Queue section of the Quickflix Website ("Queue"), so that we are able to dispatch your next available Disc once you have returned a Disc, or once you have notified us that you are returning a Disc. Please note that if there are no Discs pre-selected in your Queue, or none of the Discs pre-selected in your Queue are available, we will not be able to dispatch any further Discs to you, even if you have not reached your Disc limit during the relevant 30 calendar day payment cycle.
      • From time to time, certain Discs may become unavailable due to loss or damage to the Discs in our library. We always endeavour to maintain sufficient copies of all the Discs listed on the Website but on occasion we may not be able to source new copies of Discs. Where Discs are subject to availability constraints, the Disc is labelled in your Queue with an indication of the availability of the Disc at that point in time.
      • We use Australia Post for the delivery and return of Discs utilising our own specially designed reply-paid envelopes. Please allow for Australia Post delivery times. We are not responsible for any delay or misdirection of mail. We only send Discs to an Australian postal address and therefore you must have an Australian postal address in order to use this Service.
      • If you have a DVD Subscription Package you are able to access a function on the Quickflix Website that enables you to notify us that you have returned a Disc. This function was created to reduce the impact of any postal delays you may experience. The earliest you can notify us that you have returned a Disc is 24 hours after the Disc was sent to you. Once you have notified us that you are returning a Disc, we will send your next available title within 2 business days of notification. We reserve the right to disable this function if we consider that it is being abused. For example, if the number of Discs you have out and have notified us as returned regularly exceeds the Disc limit for your DVD Subscription Package.
      • You are responsible for your Discs so please handle them with care. We reserve the right to charge your credit/debit card or PayPal account a minimum of $29.99 per Disc and $39.99 per Blu-ray disc for the replacement value of any Disc as well as a Admin Fee of $10.00 per Disc where:
        • the Disc is stolen, damaged or lost whilst in your possession;
        • the Disc is lost in the mail due to incorrect address details being provided by you;
        • you fail to notify Quickflix within 5 – 14 days of dispatch if a Disc has either not been delivered to you, or not been received back by us; or
        • you cancel your free trial, promotional offer or your DVD Subscription Package and fail to return any Discs you have rented from us within 7 days.
      • All Discs remain the property of Quickflix. You are prohibited from copying or altering the Disc in any manner.
      • Access to Blu-ray Discs is included in certain DVD Subscription Packages. For Subscription Packages where access to Blu-ray Discs is not included it can be added to your Subscription Package for an additional fee listed on the Pricing & Packages Webpage.
    • 3.5 Payment Information

      • Service Users can view specific details regarding their Subscription Packages and any Transaction Fees in the "My Account" section of the Quickflix Website.
      • Details of the pricing for all the Services can be viewed on the Pricing & Packages Webpage. You will be charged a one-time Subscription Package Joining Fee as listed on the Pricing & Packages Webpage for your first Subscription Package.
      • We will notify you by email at least 30 days in advance of any change in the fees for your Subscription Package. You will have the option of accepting the change, moving to another Subscription Package or cancelling the Subscription Package. If you do not move to another Subscription Package or cancel the Subscription Package, we will charge your credit/debit card or your PayPal account at the new fee from the start of your next payment cycle.
    • 3.6 Free Trials and Promotional Offers

      • Free trials of the Services may be offered to eligible new Service Users from time to time. We will determine if you are entitled to a free trial of a Service.
      • We may charge for free trials and promotional offers based on the standard fee for the Service if we consider that the trial or promotional offer is being abused.
      • The duration of any free trial or promotional offer may vary and will be displayed on the Quickflix Website for new Service Users and/or communicated directly to existing Service Users via the Website or email communications.
      • To receive a free trial or promotional offer you will need(if you have not already done so)to register as a Service User.
      • If you become a paying subscriber of a Subscription Package after afree trial or promotional offer, a once-off Subscription Package Joining Fee (as listed on the Pricing & Packages Webpage)will be charged at the beginning of your first payment cycle. It is your responsibility to know when your free trial or promotional offer of a Service ends, and to cancel your free trial or promotional offer if you do not wish to become a paying subscriber of the relevant Subscription Package. In some cases you will be able to cancel your trial or promotional offer online, in others you will need to call our Member Service team – check the "My Account" section of the Website once you have taken up the free trial or promotional offer for more information. If you do not cancel your free trial or promotional offer within the free trial or promotional period, you will be billed your first subscription fee at the end of your free trial or promotional offer for the subscription fees for the relevant Subscription Package.
      • We reserve the right not to offer, refuse, or cancel a free trial or promotional offer. These offers are limited to one per person, one per household and one per credit/debit card and cannot be combined with any other offer. We reserve the right to charge a subscription fee to your credit/debit card where you have exceeded this limit based on the subscription fee for the Subscription Package related to the free trial or promotional offer.
      • Except to the extent otherwise stated in a free trial or promotional offer, if you have previously been a Service User you will not qualify for a free trial or any promotional offers for the Services, and if you select a Subscription Package you will be charged the first monthly payment immediately for the Subscription Package you have selected.
    • 3.7 Gift Vouchers

      • You may purchase a Gift Voucher from the Quickflix Website for another person or yourself. To purchase a Gift Voucher, you must be at least 18 years of age, have a valid credit/debit card and an email address.
      • To redeem a Gift Voucher you must become a Service User. If you are not already a Service User and wish to redeem a Gift Voucher, you will be asked to enter your Gift Voucher code and to become a Service User.
      • If you have been given a Gift Voucher, you can only redeem it through the Quickflix Website within 12 months of the recorded purchase date or time period stated on the voucher, whichever is earlier. Gift Vouchers cannot be exchanged for cash.
      • Where a Gift Voucher provides you with a Subscription Package, at the end of the Gift Voucher subscription period Quickflix will charge the standard subscription fee for the Subscription Package to your credit/debit card until such time that you cancel your Subscription Package. Should you decide not to continue with your Gift Voucher Subscription Package beyond the Gift Voucher subscription period, you must cancel your Subscription Package prior to the end of the Gift Voucher subscription period.
    • 3.8 Other Promotions

      From time to time we will introduce special offers, rewards, vouchers, gift certificates, payment plans and free Subscription Package trials which may be subject to specific terms and conditions.
    • 3.9 MA15+/R 18+ Content

      We use reasonable endeavours to restrict access to Content that is classified as R 18+. If you wish to be able to access R 18+ Content you must activate that feature via the "My Account" section of the Quickflix Website. You are responsible for ensuring that:
      • Content classified as R 18+ or equivalent is not viewed or accessed by those under the age of 18; and
      • Content classified as MA15+ or equivalent is not viewed or accessed by those under the age of 15 without a parent or guardian present.
    • 3.10 Restrictions on the use of the Services and Content

      • You must:
        • comply with the Usage Rules set out in clause 9;
        • not use the Services, the Quickflix Website, the Quickflix Interfaces, or display, access or transmit the Content made available to you in a manner which results in you or a third party breaching any laws (including by infringing any person’s intellectual property rights or by breaching these Terms and Conditions);
        • not and must not permit, authorise or assist any other person to stream, broadcast, display, communicate or re-transmit the Content made available to you:
          • to the public or in a public area;
          • to another person;
          • to a device other than an Approved Streaming Device (if you are using the Standard Streaming Service or A la Carte Streaming Services) or PPV Approved Streaming Device (if you are using the PPV Streaming Service);
          • for a commercial purpose; or
          • outside of Australia.
        • not and must not permit, authorise or assist any other person to remove or interfere with any copyright notices or digital rights management software or restrictions (including territorial) connected to the Content made available to you;
        • only and ensure that others only, stream and watch Content made available to you for personal, private use;
        • not and most not permit, authorise or assist any other person to reverse engineer, create derivate works of, modify, disable or alter the Services, Content, the Quickflix Website or the Quickflix Interfaces made available to you or any security, encryption or anti-piracy software or technology included in the Service or Content; and
        • not and must not permit, authorise or assist any other person to copy, reproduce, broadcast or communicate to the public the Content, except as expressly permitted in these terms and conditions.
      • You acknowledge that there may be restrictions on your ability to stop, rewind and replay Content that you stream as part of the Streaming Services and that you may only have access to certain Content within a set period of time.
  • 4 Payment

    • We will charge your credit/debit card or PayPal account with the fee for your Subscription Package at the start of each payment cycle during your subscription. We will continue to charge your credit/debit card or PayPal account every 30 days until you cancel your subscription.
    • We will charge your credit/debit card or PayPal account with any Transaction Fees at the time of purchase.
    • Service Users can review their billing history and all account charges in the "My Account" section of the Quickflix Website.
    • Tax invoices for the payment of your subscription fees can be created and sent to you on request.
    • Unless specifically stated otherwise, all amounts or fees in relation to the Services are GST inclusive.
  • 5 Your Information

    • 5.1 Maintaining your credit/debit card details

      If your credit/debit card details change, you must update them in "My Account" section of the Website, or contact our Member Services team to update your new card details. If you do not update your card details we will put your Subscription Package and any access to Content on hold, which means, as applicable, you will cease being able to stream Content and/or we will stop sending any further Discs for the DVD Rental Service to you. The payment cycle for Subscription Packages is continuous; your credit/debit card account will be billed every 30 calendar days until your Subscription Package is cancelled.
    • 5.2 Maintaining Member and Service User information and account access

      • You are responsible for ensuring your Member and any Service User information as entered in the registration form and subsequently detailed in the "My Account" section of the Website is current, accurate and complete. You can maintain and update your Member & Service User information from the "My Account" section of the Website and may request access to all personal information held by us as stated in our Privacy Policy.
      • You are responsible for maintaining the confidentiality of your account and password information and for restricting access to your account. Your account and password information is used to limit access to certain types of Content via the "parental control" features of the Service. You acknowledge that it is important to keep your account and password information secret in order to prevent fraud, misuse of your account and to prevent access by minors to inappropriate content. Quickflix will charge you for Discs lost or stolen or other charges incurred as a result of you not maintaining your account and password information.
  • 6 Changing, Terminating or suspending your Subscription Package

    • 6.1 Changing your Subscription Package

      • You can change your Subscription Package anytime in the "My Account" section of the Website. Upon changing your Subscription Package you will be advised as to the date the new Subscription Package will take effect and the details of your new payment cycle.
    • 6.2 Cancelling your Subscription Package

      • Your Subscription Package can be cancelled by calling our Member Services Team on 1300 138 644 (Monday to Friday 9am-6pm EST, excluding public holidays). We do not accept cancellation requests via email. Billing will stop once you have completed this process.
      • If you cancel a DVD Subscription Package we must receive all outstanding Discs within 7 calendar days of cancellation. If for any reason you do not pay the charges contemplated under clause 3.4(k) we may, with prior written notice to you, forward the matter onto a debt recovery agency. Should this occur, you are liable for all reasonable recovery and legal costs incurred by us.
      • If you cancel your Subscription Package your cancellation is effective immediately unless you cancel as a result of us changing these Terms and Conditions in a way which makes you materially worse off in which case the cancellation will be effective when the change to these Terms and Conditions is effective.
    • 6.3 Your right to suspend your DVD Subscription Package

      • You may request to suspend your DVD Subscription Package for a total of 3 months in any 12 month period ("Subscription Holiday"). Your DVD Subscription Package will automatically be reactivated at the end of the requested Subscription Holiday. Service Users cannot request a Subscription Holiday during a free trial or promotional period. Subscription Holidays are not available for Subscription Packages other than DVD Subscription Packages.
      • Subscription Holidays can be requested via the "My Account" section of the Website. Your Subscription Holiday will commence once you have completed this process and returned any outstanding Discs. Please note that your Subscription Holiday will not commence until you have returned all outstanding Discs, and you may continue to be billed if any outstanding Discs have not been received.
      • To finish your Subscription Holiday return to the "My Account" section of the Website and follow the instructions. Your Subscription Package will re-activate and billing will recommence once you have completed this process.
      • The fees payable by you will be adjusted on a pro-rata basis depending on when the Subscription Holiday commences and finishes. If there is a change in the fees charged in relation to your DVD Subscription Package during the Subscription Holiday, the fees payable by you upon the ending of the Subscription Holiday will be at the new rate for that DVD Subscription Package.
    • 6.4 Our right to suspend or cancel

      • We reserve the right to suspend or cancel your access to Services and your Membership if we have reasonable grounds to suspect that your Member or Service User information is incorrect, inaccurate or incomplete or there has been unauthorised access of your account.
      • We reserve the right to terminate or restrict your use of the Service:
        • with 30 days prior written notice, for any or no reason whatsoever;
        • immediately with written notice to you if:
          • you are in breach of this agreement;
          • you are using or accessing the Services or the Quickflix Interfaces for a commercial, non private use;
          • you are accessing the Services on more than the permitted number of Unique Devices set out in Clause 9;
          • you are in breach of the Usage Rules set out in clause 9; or
          • we consider it necessary for security, copyright protection or anti-piracy reasons.
  • 7 Intellectual Property

    • 7.1 Copyright

      • All content on or available through the Quickflix Website(including the Content) and all Quickflix interfaces created for devices including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation ("Quickflix Interfaces") is the property of Quickflix or its suppliers and is protected by Australian and international copyright laws.
      • Unless otherwise specified, the Services, Quickflix Interfaces and all Content accessed via the Services is for your personal and non-commercial use and we grant you a limited licence to access the Quickflix Website and Quickflix Interfaces and the Content for that purpose. You may not download (other than through temporary page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or any information contained on, or obtained from, the Quickflix Website or Quickflix Interfaces or via the Services without our express written consent. Except for rights expressly granted to you, all rights in the Content are reserved by us or our licensors and your licence to the Content terminates upon breach by you of these Terms and Conditions.
    • 7.2 Copyright Infringement

        We take copyright infringement of our or our licensors copyright very seriously. You must not copy, reproduce, communicate to the public, transmit, broadcast the Quickflix Website, Quickflix Interfaces and any Content accessed via the Services. We reserve the right to take all steps necessary to prevent the unauthorised distribution, copying, reproduction, broadcasting or communication of the Content.
    • 7.3 Trademark

        "Quickflix" is a trademark of Quickflix Limited. All Quickflix graphics, logos, page headers, button icons, scripts and Service names are trademarks of Quickflix. Quickflix's trademarks may not be used in connection with any product or Service other than that of Quickflix. All other trademarks not owned by Quickflix that appear on the Quickflix Website or are accessible via the Service are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Quickflix.
    • 7.4 Member generated content

      • We permit Members to post content or information such as movie reviews via the Quickflix Website and Quickflix Interfaces in accordance with the procedures established on the Website and Quickflix Interfaces, provided that such content is not illegal, obscene, threatening, defamatory or infringes any person’s rights (including intellectual property rights) or is otherwise objectionable to us. By posting any content or information on the Website and Quickflix Interfaces, you grant us a nonexclusive, perpetual, irrevocable, royalty-free licence to display, use, reproduce, sub-licence or modify, adapt and communicate to the public that information. In posting such content or information, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. You also agree to indemnify Quickflix, its subsidiaries, shareholders, directors, officers or employees ("indemnified party") from and against any loss, damage, liability, costs or expenses the indemnified party suffers or incurs in connection with any content or information posted on the Website and Quickflix Interfaces or any other information you provide to us. We reserve the right to remove or edit such content at any time without notice.
      • Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Quickflix Website and Interfaces are those of the respective authors or producers and not of Quickflix or its shareholders, directors, officers or employees. To the extent permitted by applicable laws, under no circumstances shall Quickflix or its shareholders, directors, officers, directors or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website and Quickflix Interfaces. It is your responsibility to evaluate the information, opinion, advice or other content available through the Website and Quickflix Interfaces.
    • 7.5 Links

      • Some of the hyperlinks on the Quickflix Website may lead to other websites or interfaces that are not controlled by or affiliated with Quickflix. In addition, other websites or interfaces may link to Quickflix Website and Interfaces. Quickflix has not reviewed such websites or interfaces and is not responsible for their content or privacy policies.
  • 8 Limitations on liability

    • Other than as specified expressly in these Terms and Conditions and subject to your rights under statutory guarantees provided under consumer protection laws that cannot be excluded, we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Service or the Quickflix Website and Interfaces except to the extent that such liability cannot be excluded by law.
    • Except for the express warranties set out in these Terms and Conditions and your rights under statutory guarantees provided under consumer protection laws, Quickflix provides no warranties or guarantees to you (including in relation to Quickflix provision of the Services or the Quickflix Interfaces or the performance of the Services).
    • Whilst we use due care and skill in relation to the provision of the Services, the Website and the Quickflix Interfaces, Quickflix does not warrant or guarantee that the Services, Website or Quickflix Interfaces will be free from errors or omission or will be provided to you within a particular time.
  • 9 Usage Rules

    These rules apply to your access of Content on IP connected Approved Streaming Devices or PPV Approved Streaming Devices ("Approved Devices").
    • You must be an active Service User prior to accessing the Content.
    • All Content delivered to Approved Devices will be streamed only and must not be downloaded (save for a temporary buffer required to overcomes variations in stream bandwidth) and must not be transferred between devices.
    • At any one time, no more than 3 (three) of the registered Approved Devices can be simultaneously used to stream Content.
    • 9.2 Registration of Devices

      • Each Service User may register up to five (5) unique Approved Devices for streaming Content to their account ("Unique Devices"). A Unique Device may only be registered to one (1) Service User’s account at any given time.
      • Subject to the limit set forth in paragraph (a) above, a Service User may elect to deregister any given Unique Device from their account and register additional Unique Devices to their account at any time, provided that a Service User must not register any Unique Device that has been registered to (and de-registered from) more than two (2) other Service User accounts during the previous 12 months.
      • Upon deregistration of any given Unique Device from a Service User’s account, such device may no longer receive and/or playback any Content for that Service User.
    • 9.3 Delivery and Playback

      • A Unique Device must be registered to a Service User’s account at the time they request delivery (and in order to receive such delivery) of Content on that device.
      • Pursuant to the terms of the Service, we may permit you to have Content active on (i.e., viewable on) on up to three (3) Unique Devices, subject to clause (d) below.
      • In order to initiate a stream of Content, you must be signed in as a Member and be a Service User of the relevant Service.
      • Pursuant to the terms of the Service each Service User account may only access a maximum of three (3) simultaneous streams of Content at any one time.
  • 10 General Terms

    • 10.1 Assignment

        We may assign any or all of our rights and obligations pursuant to these Terms and Conditions without the need to obtain your consent.
    • 10.2 Privacy

        Quickflix collects, stores, uses and discloses personal information in accordance with its "Privacy policy". You agree to be bound by our "Privacy policy".
        The Quickflix Website uses a NetRatings Australia auditing system. Website users can click here for more information on NetRatings Australia, the NetRatings Australia auditing system and NetRatings Australia’s privacy policy.
    • 10.3 Applicable law

        Your use of this site and the Services is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

  • 11 Member Get Member – Cash Lottery Draw

    • 1
      The promoter is Quickflix Limited ABN 62 102 459 35 of Level 1, 144 Pacific Highway, North Sydney, NSW 2059.
    • 2
      The competition will run from 7 June 2012 at midday AEST until midnight AEST on 30 June 2012 ("Promotion Period").
    • 3
      Competition is open to paying subscribers to the Quickflix Standard Streaming Service and/or DVD Rental Service other than management, employees or contractors of Quickflix and other agencies, firms or companies associated with the promotion and their immediate families ("Eligible Entrants").
    • 4
      Eligible Entrants may enter as many times as they like during the Promotion Period.
    • 5
      To enter and be eligible to win, Eligible Entrants must click the large blue 'f share' button on the competition page at http://www.quickflix.com.au/mgmsplash2012 which posts an invitation to a free 21-day Quickflix trial on to their Facebook wall.
    • 6
      Eligible Entrants will receive a one-time 21 day credit to their Quickflix service subscription plan if one or more of their friends become Quickflix paying subscribers either by signing up from the link shared in Facebook as detailed above or by forwarding the official member’s competition entry email to any friend.
    • 7
      Eligible Entrants can win more than one prize. Valid entries will go in to the grand prize draw, all valid entries received within a given week will go into that week's draw, all valid entries received within a given day will go into that day's draw.
    • 8
      The total prize pool is $16,400.
    • 9
      24 x daily prizes will be $100 with computerized draws for entries received on a given competition day between 12:00:01 AEST to 23:59:59 AEST to occur the following business day at 11am AEST in our offices at Level 1, 144 Pacific Highway, North Sydney, NSW 2059.
    • 10
      4 x Weekly prizes will be $1000 with computerized draws for entries received between 12:00:01 AEST on Monday to 23:59:59AEST on Sunday to occur at 11am on the following Mondays: 11 June, 18 June, 25 June and 2 July, 2012 in the same location as previous draws.
    • 11
      The grand prize will be $10,000 with the computerized draw to occur on 2 July 2012 at 11:00 AEST in the same location as previous draws.
    • 12
      Prizes will be paid to winners by cheque sent to Eligible Entrant's credit card billing address supplied when they signed-up as a Quickflix member.
    • 13
      Winners for all draws will be notified by e-mail and phone and their names will be published at http://www.quickflix.com.au/MGM2012CompResults weekly, and in The Australian newspaper on or before 9 July 2012.
    • 14
      If a prize winner is unable to be contacted within 3 months after the date of the applicable draw then that person's right to the prize is forfeited and the prize will be entered into an unclaimed prize draw. For each such unclaimed prize, Quickflix may conduct on 1 October 2012 such further draws at the same place and using the same computerized draw system as the relevant original draw as are necessary to distribute any unclaimed prizes, as determined by Quickflix in its absolute discretion, subject to any directions given by a responsible authority under any relevant regulation. Quickflix also reserves the right to redraw any prizes in the event that a winner of a prize forfeits or fails to accept their prize.
    • 15
      If a prize winner does not comply with these terms and conditions, they will forfeit their prize.
    • 16
      Quicklfix shall not be liable for cheque that may be lost, stolen, damaged or tampered with in any way before it reaches the winner.
    • 17
      Quickflix accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by Quickflix. No responsibility will be taken for lost, late or misdirected entries. Quickflix is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
    • 18
      If, for any reason, the promotion is not capable of running as planned, including due to any cause beyond the control of Quickflix, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, Quickflix reserves the right in its sole discretion to take any action that may be available, subject to State and Territory regulations.
    • 19
      Any entrant who, in the opinion of Quickflix, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
    • 20
      Quickflix reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. In the event there is a dispute concerning the conduct of the promotion, the decision of Quickflix is final and binding on each entrant and no correspondence will be entered into.
    • 21
      To the extent permitted by law, Quickflix shall not be liable for any loss or damage whatsoever (including but not limited to direct or indirect loss) or personal injury suffered or sustained in connection with this promotion.
    • 22
      Authorized by permit numbers NSW: 12-04785, ACT: TP 12/02221, SA: T12/1085, VIC: 12/1408.