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1. Definitions

Compatible Devices means a device compatible with the Platform as listed in these Terms of Use. Member Account means an account held by a Member with The Company for the purposes of renting Platform Content through the Platform. Member means a person that has supplied the requisite information and accepted membership of the Platform and Membership has a corresponding meaning. Platform Content means a film or TV series or an episode of a TV series or any other product or content provided by us for renting through the Platform. Platform means the digital content platform provided by us (and/or by our third party service providers on our behalf) and includes our website and all pages of and all information, material, text, graphics and facilities on the Platform. Rental Content means Platform Content which has been rented by a Member and is available for viewing for a specific time period. The Company, we and us means The Greater Union Organisation Pty Ltd.

2. Acceptance of Terms

These Terms of Use form the basis on which you agree to use The Company’s Platform to rent the films and TV series made available on this Platform. These Terms of Use represent a legally binding agreement between you and The Company. By using the Platform (which includes accessing the Platform, creating an account, and/or renting any Platform Content), you accept these Terms of Use and agree to abide by them. If you need to contact us about the Platform, you can do so by contacting us through our Contact Us page.
The Company may amend these Terms of Use from time to time and you agree to be bound by that variation from when it appears on this Platform for any rentals made after the relevant amendment. You understand and agree that if you use the Platform after the date on which the Terms of Use have changed, The Company will treat your use as acceptance of the updated Terms of Use provided that any existing rentals will be governed by the Terms of Use applicable at that time.

3. Use of the Platform

The Platform permits you to rent our Platform Content for your personal use in accordance with these Terms of Use, including any terms specific to particular Platform Content. To rent Platform Content you must be 18 years or older and located in a territory where the particular Platform Content is authorised to be available. You agree not to use or attempt to use the Platform from outside this territory. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside this territory. You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and that they comply with them.

4. Technology Requirements

You are responsible for making all arrangements necessary for you to access the Platform including ensuring you employ technology capable of utilising the Platform. Use of the Platform requires Compatible Devices, certain software (fees may apply) and internet access. Use of the Platform may be affected by the performance of these factors and these requirements are subject to change at any time. We will give you reasonable notice of any changes.

5. Compatible Devices and Software

The system requirements are detailed in the Help page. You acknowledge that the Platform may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems. High-speed internet access is strongly recommended.

6. Payment

To use the Platform you must become a Member and you must agree to these Terms of Use. Once you have become a Member you can elect to rent Platform Content. The fees to rent Platform Content are specified on the Platform and will be indicated to you before you confirm payment. Fees are subject to change from time to time. . Once you have submitted your order for the rental of any Platform Content you will not be able to cancel your order. Payment processing for renting Platform Content is handled by a third party payment gateway provider. When renting Platform Content, you will need to enter your credit card details into the payment system before you are able to view the Platform Content. All payments via this system are processed using SSL (Secure Socket Layer) protocol, where sensitive information is encrypted to protect your privacy. If you suspect there has been a fraudulent credit card transaction recorded in respect of the Platform you should immediately report this to The Company.. The Company will co-operate with the third party payment gateway to provide reasonable assistance in resolving any complaint. The Company will not be held responsible for any losses you may incur as a result of using the payment gateway provided by the third party provider.

7. Member Accounts

Some important details about your Member Account:

8. Renting Platform Content

Platform Content is available to Members to rent for streaming via the Platform. Platform Content is only available within the territories in which the particular Platform Content is authorised to be available. The Platform Content will be available to you to start viewing on Compatible Devices upon successful payment for the Platform Content and subject to the speed of your internet connection and as follows:

You acknowledge that the volume of data consumed by accessing the Platform Content is typically high. The payments you make to rent Platform Content do not include any charges for internet usage. You are solely responsible for any internet usage or charges that your ISP may apply in relation to accessing Platform Content.

9. Privacy

We respect your privacy. Your use of the Platform is subject to our Privacy Policy.

10. Platform Service and Availability

We may modify, suspend, or discontinue the Platform or any Platform Content at any time with or without notice to you. From time to time, we may restrict access to some parts of the Platform or to Platform Content. We will not be liable for any unavailability of the Platform or of any Platform Content if you have breached any of these Terms of Use or for any unavailability caused by reasons of Force Majeure. If you have paid for Platform Content but we have failed to make it available to you, then our liability for any such unavailability will be limited to a refund of the rental price for that Platform Content. You acknowledge that the film and television programmes listed on the Platform are regularly updated and may change from time to time. The Company uses reasonable efforts to ensure that information published on this Platform is accurate and up to date.

11. Rules of Use

You shall use the Platform and the Platform Content strictly in accordance with these Terms of Use. You will be authorised to use Platform Content only for personal, non-commercial use. You may not make any Platform Content available for any commercial purpose, educational purpose or any other purpose not expressly authorised in these Terms of Use. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Platform and the Platform Content for any reason, or to interfere with, remove or alter any digital rights management information on the Platform or the Platform Content, or to attempt or assist another person to do so. You must not abuse or misuse the Platform by attempting to compromise the service by employing technologically harmful means or material. You will not use the Platform for any purpose which is unlawful, not authorized by us or otherwise conflicts with these Terms of Use. Your use of the Platform may be monitored and controlled by The Company or its service provider for security and compliance purposes at any time.

12. Third Party Material

Some information contained in the Platform may link you to sites that are not owned or under the control of The Company. The Company assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the Platform.

13. Objectionable Material

We aim to include rating information when available for all Platform Content. You may personally consider some Platform Content to contain offensive, indecent, or objectionable content and some Platform Content may also contain explicit material. Subject to applicable censorship laws, the Platform provides Platform Content at your sole risk and The Company shall have no liability to you for material that you may consider to be offensive, indecent, or objectionable. Some Platform Content may be rented on an age restricted basis. It may be unlawful for you to knowingly rent some Platform Content if you don’t meet the minimum age requirement. In renting Platform Content, we rely on your agreement that you are old enough to legally rent the particular Platform Content. If we have reasonable grounds to believe you are not old enough then we may cancel your Membership.

14. Intellectual Property

As between you and The Company, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to the Platform or the Platform Content are owned by The Company or its licensors, sponsors, suppliers or related bodies corporate. Apart from the personal, non-commercial use of the Platform and the Platform Content, you must not do any of the following unless you have received the prior written permission of The Company: 1. reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any Platform Content or any other material on the Platform (including without limitation any underlying source code or other data); 2. interfere with, or attempt to interfere with, the proper working of the Platform or the Platform Content (including, for example, by making excessive traffic demands on this website); or 3. reproduce The Company’s trade marks or logos on another website.

15. Termination

We may terminate this Agreement and/or suspend access to the Platform (or any part thereof) or any Platform Content at any time if: - You breach these Terms of Use;

Where it is reasonable to do so, we will provide prior written notice of the termination or suspension. Provided you are not in breach of these Terms of Use, we will reimburse you in accordance with clause 7 for any Platform Content you have successfully paid for but which has not been made available to you at the time of termination or suspension. We have the right to disable any Membership at any time, if we have reasonable grounds to consider that you have failed to comply with any of these Terms of Use. You may cease to use the Platform at any time.

16. Disclaimer

Your use of the Platform is at your own risk.

The Company does not guarantee, represent or warrant the uninterrupted or error-free use of the Platform and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond The Company’s and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection.

17. Limitation of Liability

You acknowledge and agree that unless required by law (and without limiting the Australian Consumer Law or Consumer Guarantees) this Platform and all Platform Content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Platform and all Platform Content at your own risk. To the extent permitted by law (and without limiting the Australian Consumer Law or Consumer Guarantees), The Company and you each: 1. exclude all warranties;

  1. exclude liability for any indirect or consequential loss or damage including loss of profits and loss of revenue; and

  2. limit their liability to any one or more of the following:

(a) in relation to goods, replacing or repairing the goods or supplying an equivalent item, or paying the costs or replacing, repairing or hiring an equivalent item; or (b) in relation to services, the re-supply of the services or payment of the cost of having the services re-supplied.

18. Force Majeure

Each party will not be in breach of these Terms of Use and will not have any liability to the other party if it is prevented from complying with any of its obligations under these Terms of Use by reason of Force Majeure. “Force Majeure” means any act, event or circumstance beyond the reasonable control of the party affected by Force Majeure, and includes, without limitation, casualties, war, rebellion, revolution, blockades, riots, insurrection, strikes, lockouts, labour or industrial problems, civil unrest, embargoes, domestic or international disturbance, acts of terrorism, outbreak of disease, virus, pandemics or epidemics, world and/or regional health threats, governmental actions or delays, fire, hurricanes, earthquakes, storms, floods, other natural catastrophes or severe weather conditions or acts of God, travel or health advisories, orders or recommendations issued by any relevant government authorities or international bodies or agencies.

If there is a Force Majeure which prevents The Company from being able to provide you with the Platform Content that you have rented from this Platform, then The Company has the right to terminate the contract relating to that Platform Content and will refund all amounts paid by you for that Platform Content.

19. Miscellaneous

These Terms of Use constitute the entire agreement between you and The Company regarding the Platform.

If any part of these Terms of Use is held invalid or unenforceable the remaining parts of these terms shall remain in full force and effect.

Our failure to enforce any right or provisions under these Terms of Use will not constitute a waiver of such provision or any other provision.

All notices in respect of the Platform will be sent to your Member email address. Notices shall become effective immediately when issued by us.

20. Governing Law

These Terms of Use and your use of the Platform and Platform Content are governed by the laws of New South Wales for any claim or dispute relating in any way to your use of the Platform.

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