Quickflix Limited (Subject to Deed of Company Arrangement) ("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 (individually and collectively "the Streaming Services"):
our standard subscription streaming service consisting of a selection of Content that can be streamed to Approved Streaming Devices within the territory (the "Subscription Streaming Titles Service");
when available from time to time, a range of other subscription streaming services featuring a specialised selection of Content that can be streamed to Approved Streaming Devices within the territory (the "A la Carte Streaming Services");
a range of individual selected Content that can be streamed to VOD Approved Streaming Devices within the territory on a video on demand rental ("VOD ") basis (the "New Release Streaming Titles Service");
a range of individual selected Content that you can purchase a permanent entitlement to stream to Approved Streaming Devices within the territory (the “Streaming Titles to Own Service”).
a DVD rental service whereby you receive DVDs and/or Blu-ray discs ("Discs") in the mail ("DVD & Blu-ray Titles Service"), (as made available by Quickflix from time to time) which can be managed and accessed at the Quickflix website http://www.quickflix.com.au ("the Website" or "Quickflix Website"),
(1.1)(a) and (b) are individually and collectively defined as "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/Join) ("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
subject to the specific terms of any free trials, offers or promotions which may be offered from time to time, paying Quickflix:
a regular fee for relevant subscription services ("Subscription Package"); and/or
a fee for one-off Content transactions ("Transaction Fee"), which includes renting selected Content using the New Release Streaming Titles Service and renting additional Discs using the DVD & Blu-ray Titles Service, or purchasing a permanent entitlement to stream selected Content using the Streaming Titles to Own 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 ($0.01) 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 five (5) to ten (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 Subscription Streaming Titles Service and A la Carte Streaming Services
Subject to availability, the Subscription Streaming Titles 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 Subscription Streaming Titles 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 above. You are responsible for ensuring that you are able to access the Subscription Streaming Titles 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 Subscription Streaming Titles Service.
The Subscription Streaming Titles Service and the A la Carte Streaming Services authorise you to stream the available Content on an unlimited basis during a given thirty (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 twenty four (24) hour period.
The Content available through the Subscription Streaming Titles Service and each A la Carte Streaming Service differs and may vary from day to day.
The Content available through the Subscription Streaming Titles Service and the A la Carte Streaming Services may differ to the Content available through the DVD & Blu-ray Titles Service, Streaming Titles to Own Service or New Release Streaming Titles Service.
The Subscription Streaming Titles 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 Subscription Streaming Titles Service and the A la Carte Streaming Services.
3.2 Access to Content on New Release Streaming Titles Service
Subject to availability, the New Release Streaming Titles Service Content will be made available to you to start watching on one or more of the following types of devices ("VOD 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 VOD Approved Streaming Device you may not be able watch it on any other device.
The New Release Streaming Titles Service Content may differ to the Content available through the Subscription Streaming Titles Service, the A la Carte Streaming Services, Streaming Titles to Own Service and DVD & Blu-ray Titles Service and may vary from day to day.
We may from time to time offer Service Users discretionary bonus access to Content on the New Release Streaming Titles Service. In those circumstances, we reserve the right to discontinue or amend the terms of such access at any time and for the avoidance of doubt such access will at no time constitute part of any Subscription Package.
We may from time to time offer Service Users the opportunity to purchase credits to access Content on the New Release Streaming Titles Service. This may be in conjunction with other offers, benefits or discounts, all of which will be communicated to those Service Users by email. We reserve the right to discontinue or amend the terms of such offers at any time and for the avoidance of doubt such access will at no time constitute part of any Subscription Package.
The New Release Streaming Titles 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 New Release Streaming Titles Service, including Content you have already ordered.
3.3 Access to Content on Streaming Titles to Own Service
Subject to availability, the Streaming Titles to Own Service can be accessed, from time to time, through the Approved Streaming Devices
You acknowledge that Streaming Titles to Own Service may not work on all Approved Streaming Devices that fall within the list of device types set out in clause 3.1(a) above. You are responsible for ensuring that you are able to access the Streaming Titles to Own Service through your individual Approved Streaming Devices.
The Content available through Streaming Titles to Own Service may differ from Subscription Streaming Titles Service, A la Carte Streaming Services, New Release Streaming Titles Service and DVD & Blu-ray Titles Service.
The Content available through Streaming Titles to Own Service may vary from day to day.
Streaming Titles to Own Service is only available to Service Users who are in Australia and therefore Content may not be streamed or transmitted outside Australia. Quickflix employs geo-filtering technology and therefore if you are located outside of Australia you will not be able to access Content via Streaming Titles to Own Service.
The distribution and use of Content available on the Streaming Titles to Own Service does not transfer to you or any other person any commercial or promotional use rights or any intellectual property rights in such Content.
When you purchase Content from Streaming Titles to Own Service Quickflix will grant you a license on the following terms “Minimum Terms” set out in 3.3(i) to stream the purchased Content through Streaming Titles to Own Service during the period commencing from your payment of the license fee when you complete your purchase from Quickflix. This license is not transferable by you to anyone else and is subject to your compliance with these Terms and Conditions including the Usage Rules.
Streaming Titles to Own Service requires the ongoing provision of streaming services by Quickflix and a license from the relevant Content provider. You acknowledge that if:
you cease using Streaming Titles to Own Service; or
the person from whom Quickflix licenses the Content requires Quickflix to withdraw that Content and cease continuing to stream it; you may not be able to continue to stream some of the Content you purchased through Streaming Titles to Own Service and, to the full extent permitted by law, in that event Quickflix will not have any liability to you.
You agree to be bound by the Minimum Terms for the use of the Streaming Titles to Own Service
You understand and agree that the content you receive through the Streaming Titles to Own Service such as movies, images, artwork and other copyrightable materials (the “Content”) is licensed by Quickflix or its affiliates from content providers (“Content Providers”). The Content you receive through Streaming Titles to Own Service, including the copyrights in the content, are owned by the Content Providers and/or their licensors, and are protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Quickflix, Content Providers and Content Providers’ licensors do not transfer any title, right or interest to or in the Content to you.
Quickflix grants you a non-exclusive and non-assignable sublicense to download and store the Content on one Computer and to store the Content on up to six (6) other authorised, registered devices and to stream Content to three (3) authorised, registered device at any given time all for personal, non-commercial purposes. The delivery of the Content does not transfer to you any commercial or promotional use rights in the Content. All other rights in the Content are reserved Content Providers, Content Providers’ licensors and the copyright holder(s), and any other use is strictly prohibited.
You may not copy, redistribute, sell, rent, lease, transfer or sublicense the Content. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signalling or copy protection technology in which the Content is wrapped or otherwise associated with, and you may not edit, modify, translate or create derivative works or adaptations of the Content. In addition, you may not decompile copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable form. You may not duplicate or otherwise reproduce (including but not limited to “burning”) the Content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, VCDs or any other such device, including but not limited to, any computers or other hardware, or other medium now known or hereinafter devised
The Content is provided “AS IS”. Content Providers and Content Providers’ licensors each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. Content Providers and Content Providers’ licensors do not warrant or otherwise state that the Content will meet your requirements.
Under no circumstances, including but not limited to negligence by Quickflix, or Content Providers, will Quickflix, Content Providers or Content Providers’ licensors be liable for any damages, including any direct, indirect, special, incidental or consequential damages of any kind under any legal theory (tort, contract or otherwise) that result from the use of, or the inability to use, Streaming Titles to Own Service or the Content, even if Quickflix, Content Providers, or Content Providers’ licensors have been advised of the possibility of such damages.
3.4 Access to Content on DVD & Blu-ray Titles Service
The DVD & Blu-ray Titles Service allows you to rent Discs and be provided with Discs via the mail.
The Content available through the DVD & Blu-ray Titles Service may differ to the Content available through the Subscription Streaming Titles Service, the A la Carte Streaming Services, New Release Streaming Titles Service and Streaming Titles to Own Service.
There are a number of different Subscription Packages which includes the DVD & Blu-ray Titles 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 thirty (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 thirty (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 "Account & Settings" 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 thirty (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 twenty (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 thirty (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 twenty four (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 two (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 an Admin Fee of $10.00 per transaction 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 five (5) to fourteen (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 seven (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.
In the event that you have an outstanding account with us that remains unpaid we reserve the right to outsource your debt to a debt collection agent. You will be required to pay all costs incurred in the attempted recovery of any monies owed including debt collection agency costs and solicitor costs on a solicitor/client basis.
As a credit provider, Quickflix may choose to place a default on your credit file if the debt remains unpaid and is in accordance with the rules of credit reporting and parameters required as provided by Veda Advantage.
3.5 Payment Information
Service Users can view specific details regarding their Subscription Packages and any Transaction Fees in the "Account & Settings" 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 thirty (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.
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 online if you do not wish to become a paying subscriber of the relevant Subscription Package. Check the "Account & Settings" 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.
The terms of any free trial or promotional offer will be displayed on the Website for new Service Users and must be read in conjunction with these terms and conditions.
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 eighteen (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 twelve (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 Gift Cards
Quickflix Gift Cards are valid only for users who are 18 years of age or older, and who are residents of Australia. A gift card has to be redeemed at the Quickflix website, and requires the creation of a Quickflix user account. To redeem a Gift Card, Internet access is required, and separate fees may apply. Quickflix Gift Cards may not be redeemed through Quickflix compatible applications or devices (e.g. phones, tablets, and other connected devices).
The gift card must be redeemed within 12 months from the date of purchase, after which date it expires. Once redeemed, the credit will be valid for a period of 18 months. The full value of this card is deducted at code redemption. No incremental deductions are allowed. The date of issuance of a Gift Card is the date of purchase shown on your sales receipt.
Gift Cards are not redeemable for cash and cannot be returned for cash refund, exchanged, or resold. If required under applicable law, any refunds will be credited back to your Credit balance for future use under these terms, unless otherwise required. Quickflix is not liable if your Gift Card is lost, stolen, destroyed or used without your permission. Quickflix makes no express or implied warranties. Quickflix is not liable for any failure of a Gift Card to work in the manner described in these terms of service caused by a third party such as failure of the Internet, of a computer, mobile, or other device used to access the Internet, or of an Internet service or mobile network provider.
Credit redeemed from a Quickflix Gift Card may be used for any Quickflix product. Credit usage of certain products may require user to add a supporting payment method for validation purposes. Inclusion of supporting payment method will allow user to make part payments of a product in the event where there is not enough credit balance to purchase a particular product. Usage of credit will always take precedent over supporting payment method.
Quickflix reserves the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is used to make purchases on Quickflix.
3.9 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.
3.10 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 "Account & Settings" 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.
3.11 Restrictions on the use of the Services and Content
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 Subscription Streaming Titles Service, A la Carte Streaming Services or Streaming Titles to Own Service) or VOD Approved Streaming Device (if you are using the New Release Streaming Titles 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.
3.12 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.
You also acknowledge that Content may not be immediately available for streaming once you have selected it.
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 thirty (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 "Account & Settings" 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.
Members that sign up to the Services as part of a Quickflix--authorized bundle of broadband, mobile and/or other telecommunications services may pay their fees for their Subscription Package and/or their Transaction Fees through their bill with the provider of such other bundled services (“Billing Provider”) subject to your agreement with the Billing Provider and compliance with these Terms and Conditions. To enable Billing Providers to ensure correct billing for any Services Quickflix may provide required information regarding your Subscription Package and Transaction Fees to the Billing Providers subject their agreeing to keep such information strictly confidential.
5 Your Information
5.1 Maintaining your credit/debit card details
If your credit/debit card details change, you must update them in "Account & Settings" 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 & Blu-ray Titles 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 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 "Account & Settings" 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 through your “Account & Settings” section and the service will be cancelled at the end of the current subscription period. We do not accept cancellation requests via email or any other alternate methods of communication. You will not receive a refund of any subscription fee or other amounts paid when you cancel including, and not limited to, where you cancel your subscription if you have changed your mind. You may reactivate your subscription at any time by reactivating your account through the “Account & Settings” section, however, you may no longer be eligible for discounts you were receiving previously.
If you cancel a DVD Subscription Package we must receive all outstanding Discs within seven (7) calendar days of cancellation. If for any reason you do not pay the charges contemplated under clause 3.4 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. However, if you cancel as a result of us changing these Terms and Conditions in a way which has a material negative impact on you, your cancellation will be effective on the date that we changed these Terms and Conditions.
6.3 Your right to suspend your DVD Subscription Package
You may request to suspend your DVD Subscription Package for a total of three (3) months in any twelve (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 "Account & Settings" 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 "Account & Settings" 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 thirty (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
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.
"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.
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.
8.1 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 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).
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.
8.2 Capacity and liability of Administrator
You acknowledge that you are aware that administrators have been appointed to Quickflix. The administrators appointed are Jason Tracy and Richard Hughes (the "Administrators").
You are not contracting directly with the Administrators personally but are contracting solely with Quickflix.
Any contract between you and us incorporating these terms and conditions operates both as an agreement between you and us, and as a deed poll for the benefit of the Administrators. The Administrators hold their rights under these terms and conditions for their own benefit and for the benefit of the firm, Deloitte.
All actions of the Administrators (or any of them) in respect of any matter contemplated by these terms and conditions are taken on behalf of Quickflix, in his or her capacity as agent for Quickflix.
No Administrator is liable in his or her personal capacity under or in respect of these terms and conditions or any contract with you that incorporates these terms and conditions.
The Administrators do not make any guarantee, warranties or representations in respect of any matter or thing relating these terms and conditions nor any Services.
Any liability an Administrator may have in connection with these terms and conditions or any guarantee, warranty or representation relating to these terms and conditions, or any Services, is excluded to the maximum extent allowable by law.
You agree to release the Administrator (and his or her representatives) from all claims you may have against the Administrator relating to these terms and conditions, and any Services.
9 Usage Rules
9.1 How You Use Devices
These rules apply to your access to Content on IP connected Approved Streaming Devices or VOD 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 overcome 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 six (6) 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 twelve (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 9.3(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
We may assign any or all of our rights and obligations pursuant to these Terms and Conditions without the need to obtain your consent.
The Quickflix Website uses a NetRatings Australia auditing system.
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.