INDIGIFLIX

TERMS & CONDITIONS

Description of Service

INDIGIFLIX is a video on demand, subscription service that provides its users with access to audio-visual content (“Content”) for streaming on demand basis and by means of temporary download it the user’s devices (“INDIGIFLIX Service”).

This Agreement governs the use of the INDIGIFLIX Service and by accessing <https://www.indigiflix.com.au/.

(“Website”) owned and operated by Indigenous Streaming Pty Ltd (“Provider/INDIGIFLIX/We/Our”) and using the INDIGIFLIX Service You (“the User/You”) accept and must comply with the terms and conditions outlined in this Agreement AND by using the INDIGIFLIX Service You agree to be bound by the terms of this Agreement.

If you do not agree to be bound by the terms of this Agreement, you may not use the INDIGIFLIX Service.

You acknowledge that INDIGIFLIX is operated by the Provider and that the Content, information and products and services may be updated, changed, rearranged or removed as the Provider sees fit without notice.

The Provider accepts no responsibility for any misunderstanding on Your part of these terms of use or the products and services offered by this website.

If You use this website and access its products and services, it is Your responsibility to be sure the products and services accessed by You are according to Your requirements.

The Provider shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

 Eligibility

To use the INDIGIFLIX Service you must:

1. register an account with INDIGIFLIX (“Account”)

2. be at least 18 years old

3. provide us with a valid email address and residential address

4. provide us with the details of your valid, current and accepted method of payment (including via credit/debit card or PayPal account), as may be updated from time to time (“Payment Method”),

5. accept the terms of this Agreement.

Payment Plans

INDIGIFLIX offers the Content under specific payment plans, including pay per view, subscription, membership, or rent which may change from time to time at the sole discretion of the Provider (“Payment Plans”) for which various fees will apply (“Fees”).

Information on the various Payment Plans and Fees on offer can be found on this website at  https://www.indigiflix.com.au/pages/plans-2. The Provider makes no guarantee as to the availability of a specific Payment Plan.

Your Payment Plan will continue in effect unless and until you cancel your Payment Plan or we terminate it. You must cancel your Payment Plan according to the terms of that specific Payment Plan prior to the next charge in order to avoid billing.

Free Trials

INDIGIFLIX may offer you access to free trials which is subject to INDIGIFLIX’s sole discretion (“Free Trial Period”).

The Provider reserves the right to offer, withdraw, change, cancel or determine your eligibility for any Free Trial Period in its absolute discretion, including that it reserves the right to revoke any Free Trial Period and put your Account on hold in the event that it determines you are not eligible.

Free Trial Periods may be subject to terms and conditions which may be disclosed at the time you sign-up or in other communications provided or made available to you. These terms and conditions shall apply in addition to, and prevail to the extent of any inconsistency with, this Agreement.

Following the expiry of a Free Trial Period, we will commence billing you the Fees applicable to your chosen Payment Plan, unless you cancel your Account before the end of the Free Trial Period.

The Provider may make any changes to the Fee for the Payment Plans you are currently subscribed to at any time by giving you at least 30 days’ notice.

Payments

By registering your Account and providing us with the details of your Payment Method, you expressly agree that we are authorized to charge your Payment Method the Fees for your chosen Payment Plan in accordance with this Agreement. 

For subscription Payment Plans, Fees will be charged to your Payment Method in advance at the beginning of each month.  

The first monthly subscription period for your subscription Payment Plan starts when you pay your first monthly Fee from your Payment Method.

At the end of the first monthly subscription period and each monthly subscription period thereafter we will automatically renew your monthly subscription and charge your Payment Method the monthly Fee unless and until you cancel your Account. 

For one-off Payment Plans, Fees will be charged to your Payment Method in advance at the time of purchase.

Unless expressly stated otherwise, all Fees are GST exclusive. You expressly authorise us to charge GST applicable to the Fees from your Payment Method. 

If we are unable to collect the Fees from your Payment Method(s) for any reason, we may suspend or cancel your access to the INDIGIFLIX Service without giving you notice until we have successfully charged a valid Payment Method.

Receipts are sent once the charge is successful to the registered an Account. Your Payment Plan will continue in effect unless and until you cancel your Payment Plan or we terminate it. You must cancel your Payment Plan according to the terms of that Payment Plan prior to the next charge of the Fee in order to avoid billing.

Usage of Your Account

Your use of this website will be determined by your Payment Plan, meaning certain products and services may be restricted or accessible according to specific terms of Your chosen Payment Plan.

When You create an Account You will be required to create a user ID and password both of which You agree to keep confidential.

All uses of Your account are Your responsibility.  Allowing a third party to use Your Account is a breach of this Agreement, and You will immediately advise the Provider of any unauthorised use of Your Account.

The Provider may disable Your user ID and password at its sole discretion without notice or explanation.

Usage of the Service

The INDIGIFLIX Service and any Content that you view via the INDIGIFLIX Service are for personal and non-commercial use and lawful purposes only. The Provider specifically prohibits any use of the Content or Services, and all users agree not to use the Services, for any purposes other than designated by the Provider.

The Provider grants you a limited, non-exclusive, personal and non-transferable license to access the INDIGIFLIX Service and view Content through the INDIGIFLIX Service subject to the terms and conditions set out in this Agreement.

The Content and all other material presented on the INDIGIFLIX Service is owned or licenced by the Provider.

Except as authorised under the terms of this Agreement you must not download, modify, copy, distribute, transmit, reproduce, perform, publish, license or offer for sale or use any Content, or any works, subject matter or other material contained on or obtained from the INDIGIFLIX Service. This prohibition relates to but is not limited to appearance, graphics including logos and trademarks, images and videos on the INDIGIFLIX Service.

All rights in the Content are reserved by us or the licensors of our Content and You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures employed by the INDIGIFLIX Service.

Links on this site to other sites not owned by the Provider are provided for convenience only and the Provider accepts no responsibility for the content or information contained therein, nor does it indorse the content of the linked websites.

The Provider makes no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

The Content will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.

As a web-based service, we may undertake maintenance or upgrades to the website from time to time, and there may be unplanned outages to the Website. Such maintenance, upgrades or outages may affect your ability to access the INDIGIFLIX Service.

You are prohibited from violating or attempting to violate the security of the INDIGIFLIX Service, including, without limitation;

1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access,

2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing",

4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting,

5. scraping or harvesting data or

6. the use of robots to skew payouts.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Provider will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

Your Information

If you register for an Account, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.

Your privacy rights are set forth in INDIGIFLIX’s Privacy Policy located at https://www.indigiflix.com.au/pages/privacy-policy..

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The Provider reserves the right to offer the Provider’s or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

Your Comments and Suggestions

While the Provider values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.

If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Provider in whole or in part. The Provider shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.

No part of the submissions shall be subject to any obligation of confidence and the Provider shall not be liable for any use or disclosure.

Intellectual Property

‘INDIGIFLIX’ and any other Provider trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Provider, and any unauthorized use of such trademarks and trade names is prohibited.

The INDIGIFLIX Service (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Provider and is protected by copyright, trademark, and other intellectual property common and statutory laws of Western Australia and other countries.

You agree that the Provider owns and retains all rights to the Services and that Content is solely owned by the Content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of Western Australia and other countries.

Social Networking

Users may have the option to use Twitter, Facebook or other social networking services through the INDIGIFLIX Service to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the relevant social networking services.

Use of Software

If the INDIGIFLIX Services require or include downloadable software such as an app, or use of software provided by the Provider, the INDIGIFLIX grants a personal, limited, non-exclusive and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through https://www.indigiflix.com.au/.

You may not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

You must not allow users to use the Software on any device that you do not own or control, and you may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

You agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Provider. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.

You agree that the Provider may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Provider may use this information, as long as it is in a form that does not personally identify a user.

The Provider shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Your continued use of the Software constitutes acceptance of and agreement to such changes.

The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

Warranties and Disclaimers

The INDIGIFLIX Services are provided "as is" and “as available”, with all faults and without warranty of any kind, and Provider hereby disclaims all warranties and conditions with respect to the services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

The Provider does not warrant that the services will meet user requirements or be of benefit, that the operation of services will be uninterrupted or error-free, or that the services are free of computer viruses or other harmful mechanisms. Should the licensed application or services prove defective, the Provider is not responsible for those costs associated with the need for servicing or replacing equipment or data.

The Provider makes no warranties about the accuracy, reliability, completeness or timeliness of the services or user generated content offered or any other content accessed through the services.

The transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit.

Accordingly, the Provider does not assume any liability for any damage users may experience or costs users may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. In no event will such data or information be deemed to be confidential, create any fiduciary obligations on the Provider part, or result in any liability to you in the event that such information is inadvertently released or accessed by third parties without consent.

The Provider takes no responsibility whatsoever for the information you have uploaded to the services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information.  Nor is the Provider responsible for loss of information through the action of any third party or because of circumstances beyond the Provider control. All users are expected to have their own backup of all of their information.

To the fullest extent permissible under applicable law, user understands and agrees that neither the Provider nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the services or from any actions the Provider takes or fails to take. These include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, loss of data, business interruption, unauthorized access to and alteration of transmissions and data, bodily injury, emotional distress and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if advised of the possibility of such damages. Provider maximum liability arising out of or in connection with this services or use of the services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount, if any, paid for the services.

The Provider is not responsible for deletion or loss of files or information uploaded to the services.  All users are expected to have their own backup of all files and information uploaded to the services. 

Limitation of Liabilities

In addition to any limitation of liability set forth herein, to the fullest extent permissible under applicable law, user understands and agrees that neither the Provider nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use the services or from any actions the Provider takes or fails to take. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data, emotional distress and other tangible and intangible losses. 

This limitation applies regardless of whether the damages are claimed under warranty, contract, negligence, tort, or any other legal theory, and even if the Provider or its representatives have been advised of the possibility of such damages. Provider maximum liability arising out of or in connection with your use of the services, regardless of the cause of action, will not exceed the amount, if any, paid for the services.

 

Indemnification

Users agree to defend, indemnify, and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the services; (ii) any user generated content or communications, or (iii) your breach of the terms of this agreement. The Provider shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. The Provider reserves the right to assume the exclusive defence and control of any matter subject to immediate indemnification.

 

Communications

By using the Services, you consent to receive electronic communications from the Provider. These communications will include emails about account, password, access, marketing, transactional and other information related to the Services and to your account.

 

General

Relationship: Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and the Provider.

Assignment: INDIGIFLIX may transfer any or all of our rights and/or obligations under this Agreement to any person, or firm provided such transfer does not detrimentally affect your rights under this Agreement. You must not transfer any or all of your rights and/or obligations under this Agreement to any other person. 

Governing Law: This Agreement is governed by the laws of Western Australia, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia. 

Severability: If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 

Survival: The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination. 

No Advice: You acknowledge and agree that the Content you receive through the INDIGIFLIX Service is intended for informational and entertainment purposes only. The Content does not constitute financial, legal, medical, professional or healthcare advice or diagnosis and cannot be used for such purposes. 

Content: INDIGIFLIX takes no responsibility for and does not endorse any third party content, advertisements or any third party material. We also do not guarantee that you will agree with the Content on the INDIGIFLIX Service.

Photosensitivity: INDIGIFLIX notes that much of the Content on the INDIGIFLIX Service contains flashing lights (including in sequences or patterns) which may affect users who are susceptible to photosensitive epilepsy or other such photosensitivities.

Class Action Waiver: Where permitted under the applicable law and excluding for any matter litigated in a small claims forum, you and INDIGIFLIX agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and INDIGIFLIX agree otherwise, the court may not consolidate more than one person’s claims with your claims nor combine any arbitration with another, and may not otherwise preside over any form of a representative or class proceeding.