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Welcome to Ezyflix and thank you for choosing us as your movies and games rental subscription provider.
These Terms and Conditions govern the use of ezyflix.com.au ("the website") and the purchase of any goods from it. The website is operated and managed by Ezyflix Pty Ltd (ACN 147 432 424).
We invite you to print out our Terms and Conditions, or we can email these to you on request. Changes to our Terms and Conditions and Frequently Asked Questions are made from time to time, and your continued use of our website following any change shall be deemed as your acceptance of such change. It is the user's responsibility to regularly check our Terms and Conditions for changes.
If you need more assistance please contact our Customer Service team by email at firstname.lastname@example.org. Normal business hours are from 9.00am to 5.00pm Monday to Friday (AEST).
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Ezyflix reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
The information contained on the website is provided by Ezyflix in good faith. To the best of Ezyflix's knowledge, the information is accurate and current. However, Ezyflix and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Ezyflix's Associates") do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Ezyflix disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Ezyflix makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Ezyflix does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Ezyflix is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
1. About these rules
These rules apply to everyone who uses the Ezyflix service – ‘members’.
They are a contract between you, the member, and us, Ezyflix.
2. About Ezyflix
Ezyflix is a web-based Australian business that:
3. About Ezyflix rentals
Here's how our rental service works:
4. Changing these terms
These Terms are official and current version and may be updated any time.
We reserve the right to change these terms, including plan prices, at any time but:
5. Membership qualifications
To be, or remain, a member:
You promise us that these things are all true when you join, and will remain true while you are a member.
6. Information that you give us
You promise us that:
7. Your current email address
Any email sent to the email address in your ‘My Account’ page is deemed to be received by you 24 hours later, even if it ‘bounces’.
You must check that email account regularly for email from us.
8. Suspending or terminating your membership
we may at our discretion:
We offer a number of ‘plans’. Each plan consists of:
Except for annual plans, your membership auto-renews from plan period to plan period, unless cancelled under these rules. Rule 10 explains annual plans.
While your periodic fees are up to date, you may swap rental movies and games in and out, but you may never have more than the capped number out on rental at any one time, or (except for ‘unlimited swap’ plans) receive more than the capped number of rentals in the specified period.
A disc is ‘out on rental’ from the time we post it out to you until the time we actually receive it back from you. Your ‘plan period’ is a recurring month, quarter, year (or as applicable) commencing from the date your membership started (or an adjusted date under rule 12).
10. Annual Plans
Annual plans run for a year, at the pricing that applied when you joined.
Instead of then renewing for a further year, they automatically convert to a monthly plan on the current pricing.
You can keep the benefit of our annual pricing by renewing online for another year, during the final month of your current year, then current annual pricing applies.
11. Holiday, etc suspensions
We allow you to voluntarily suspend your account e.g. during holidays away from home – but only as this rule permits.
A holiday suspension starts when (and only if):
You must nominate the period of suspension when applying. Our website may limit the period/s allowed. A suspension may not be less than a week or more than 90 days.
You may not suspend more than an aggregate of 90 days in a calendar year. A current suspension cannot be extended.
No fees are payable in respect of a period during a suspension. If you are an annual member, your plan period (i.e. annual) is extended by a period equal to the suspension period.
At the end of the suspension period, your account automatically becomes active again and we may resume normal charging.
12. Charges and your credit card (or other payment method we accept)
We may charge your payment method with any money you owe us.
All charges we advertise are GST-inclusive unless stated otherwise.
We may charge your first periodic fee as soon as you become a member.
We may charge the fee for each subsequent plan period up to 7 days before the current plan period ends (e.g. for monthly plans, we can charge the next month’s fees during the last week of the current month.)
At any time, we may adjust your plan period for accounting purposes to start on a certain day of the month and pro-rate charges to facilitate the adjustment (that may result in a one-off period of up to 30 days longer than normal).
We may disclose your payment method details to, and obtain information from, any financial institution or credit card issuer to verify the card details.
We may verify that there is sufficient credit in your payment method account to pay your estimated fees.
Even if your membership ends, we may debit any monies you owe us against your payment method.
We may report payment or credit card defaults or dishonours to a credit reporting agency as permitted by law.
We may list defaulting accounts including the details you have provided with a Debt Recovery and Collection Agency.
13. No refunds
Except where these rules expressly provide for a refund or credit, or the law requires it, we are never obliged to give a refund or credit in any circumstances.
14. Membership password
If we issue you with any password or other security device in respect of your log in rights or account with us:
We do not authorise you to permit another person to use your account. If you nonetheless do so, you are liable for everything that person does, and all charges they incur.
15. Membership not transferable
You may not transfer your membership to, or share it with, anyone else.
We may transfer our interest in our contract with you by giving emailed notice to the current address in ‘My Details’.
16. Cancelling your membership
You may give notice to cancel your membership by calling and speaking to our Customer Service team on 1300 904 311 (Monday to Friday 10am-5pm AEST, excluding public holidays). We do not accept cancellation requests via email. We must receive all outstanding discs within 7 calendar days of cancellation.
Your membership then ends:
If you have given notice to cancel your membership, any undispatched rental orders will be cancelled and you may not order any more rental movies or games.
There are no refunds of periodic charges for late cancellations or partial month subscriptions.
Late return fees and disc replacement charges may apply after your membership ends.
We cannot finalise your account until any outstanding fees, including outstanding membership fees, late return fees, 45 day penalty fees and disc replacement charges have been paid by you.
17. Your Selections
You select movies and games by placing them in your ‘Queue’ in ‘My Choices’.
The availability of movies and games changes daily as we get new stock and discs are sent out and returned so we cannot guarantee to send any particular discs in any particular order.
We recommend that you keep at least 20 different movies in your “Queue” at all times. If it is too short or limited, none of your selections may be available, and you will not receive a disc.
18. Selecting rental discs
Our rental movies and games catalogue and selection system are on our web site.
You can only select movies and games from us through the web site selection system.
We try to keep our catalogue accurate, but factors beyond our control such as late supplier shipments, late member returns, unreturned discs, discs lost in post, damage to stock and so on may make it inaccurate with little or no notice to us. So we do not promise that our catalogue is accurate at all times.
We may indicate or estimate an expected release date for a disc, based on information available to us. It may change or be inaccurate due to studio delays, supplier delays and other factors. We do not promise that expected release dates will be met.
We have finite stocks of movies and games, and they may run out in case of high demand for a title. We always endeavour to maintain sufficient copies of titles listed, but on occasion we may not be able to source certain titles and so we will remove these from our catalogue and your ‘Queue’. If we do not have sufficient demand for a particular title at a particular time we may withdraw the title from our Catalogue and remove the title from your ‘Queue’. We do not promise stocks will be available at all times, or within a particular time.
For all the above reasons, we are not liable to you if it turns out that a catalogue movie or game is not, or becomes, unavailable.
19. Movie and game disc compatibility
Our DVDs are ‘Zone 4’ or ‘non-zoned’, unless otherwise stated in our catalogue.
We are not responsible if your DVD player is not zone-compatible.
Some DVD players, especially older models, have compatibility issues with some DVDs. We are not responsible for any DVD that is incompatible with your player.
Some movies are also available in Blu-ray. Blu-ray discs will not work on a DVD player they can only be played on a PS3 or Blu-ray player.
Just as computers require software to run, a Blu-ray player requires firmware to operate smoothly. If you are having issues with playback on a Blu-ray disc please ensure you have the latest firmware installed. Please visit the manufacturer website of your Blu-ray player for further details.
As you can swap discs without incurring extra charges, we do not provide any refund or credit for disc that proves incompatible. It is in your interests to return any such disc promptly, so you can obtain another.
20. Damaged on delivery discs
If you report to us within 3 days of receiving a rental disc that it was damaged on receipt, and unplayable in your player and return the disc to us within 7 days of receiving it, we will send you a free replacement copy if available.
To report this, select the Damaged checkbox next to the damaged disc under the “Current Rentals” tab the “My Choices” section, and indicate whether you wish a free replacement copy sent.
If you do not report a rental disc as damaged in accordance with this rule, it is taken to have been delivered in good and playable condition.
We reserve the right to charge your credit card for the replacement value of any item plus a $7 administration fee that is damaged by you or lost.
21. Responding to your order
We normally process dispatch discs during office hours on business days.
We try to process a request within 1 business day, but we are not responsible for any delay.
We will send you a confirmation email when we a discs is dispatched to you.
By maintaining at least 20 different movies on your ‘Queue’, you increase the chance that we will have available a disc you want at any time, and maximizing the use you can make of our service.
22. Delivering discs to you
We normally post discs to you via Australia Post, but we may choose to deliver by other means.
We pay the postage.
We are not responsible for:
23. Your obligations re rental discs
From the time a rental disc is delivered to your postal address, until you have delivered it to Australia Post, you must:
All your obligations regarding a movie or game under these rules extend to its packaging and labeling as well.
24. Licensor conditions
Almost all movies and games are subject to copyright, and to conditions of use imposed by the copyright owner or licensor.
Typically, these conditions:
You acknowledge that licensor conditions are a standard feature of the movies and games, and accept each title we supply subject to all licensor conditions.
25. Copyright infringement indemnity
You acknowledge that copying a movie or game, in whole, or part in breach, or copyright, is a criminal offence and is liable to substantial civil damages.
You acknowledge that the following indemnity is fair and reasonable in relation to such breach of copyright.
If a rental disc is, or is alleged to have been, involved in, the subject of, used for a breach of copyright or other intellectual property rights of any person while on rental to you or on your account, you indemnify (a) us, our management, shareholders, directors, employees, agents, affiliates and related corporations against any harm, loss, expense, liability, costs (including legal costs), fees, judgments, damages, penalties or detriment whatsoever that they or any of them may incur, suffer, be threatened with, be at risk of, be liable for, or be demanded to pay or satisfy as a direct or indirect consequence and (b) us against any amount we pay (but in the case of a voluntary payment, ‘reasonably pay’) to our management, shareholders, directors, employees, agents, affiliates and related corporations to compensate for any harm, loss, expense, liability, costs (including legal costs), fees, judgments, damages, penalties or detriment whatsoever that they or any of them may incur, suffer, be threatened with, be at risk of, be liable for, or be demanded to pay or satisfy as a direct or indirect consequence.
26. Late return fees
Late return fees never apply while you are an active member.
If your membership ends and you do not return all rental discs to us within 7 days, we may charge your credit card with an amount equal to our current buy price for the outstanding discs, plus an administration fee of $7 per DVD. You then own those movies or games.
If those charges are not honoured by your credit card, we may charge late return fees.
Late return fees are the same amount, and apply in exactly the same way, as periodic fees – but do not entitle you to rent further discs.
We may charge late return fees until:
We reserve the right to charge your credit card for the replacement value of any item that is damaged or lost.
27. Lost and damaged discs
If a disc is part of a set or series and cannot be individually replaced, we may charge you for a replacement set or series.
You must reimburse us for any discs that are lost or damaged while rented to you.
A disc is ‘damaged’ for the purpose of this rule if it will no longer play, or play reliably, or is in a condition not reasonably fit for a high class disc service to supply.
If you indicate to us an intention to damage, not to return, a rental disc or if you fail to return one within 7 days of our request that you do so, we may treat it as lost.
The normal amount will be our buy price for the disc plus an administration fee of $7 per disc.
28. Returning rental disc to us
We will supply a pre-paid self-addressed Australia Post return envelope with each rental disc delivery to you.
You must return each rental disc:
The Returned checkbox in the ‘Current Rentals’ tab of the ‘My Choices’ section in our web site alerts us that you say you have posted a rental disc back to us. The checkbox is for information only, and if we do not actually receive the disc, the ‘disputed rental disc returns’ rule applies.
We will send you a confirmation email when we have received a disc that you have posted back to us.
29. Disputed rental disc receipts and returns
This rule applies if:
You should check your “Current Rentals” tab to confirm what discs we have sent, and to confirm that we have received the returned discs within 7 days.
You should tick the box on your “Current Rentals” tab to tell us you have returned the disc.
If you have not received a disc that was sent or the “Current Rentals” tab does not show it as received by us, and, within a further 7 days you:
Otherwise, we may charge your credit card with an amount equal to our current buy price for the disc plus an administration fee of $7 per disc.
You acknowledge that the requirement for a statutory declaration is reasonable given the value of disc.
30. Unused entitlements
If you do not use up all of your entitlements, for example:
You are not entitled to any credit, carry over benefit or refund. The unused entitlements expire.
31. Buying ex-rental discs
Some rental discs may be available for purchase. If we agree to sell a rental disc:
Unless we advertise a disc as ‘new’, you must assume it (and any paper sleeve and case) is ex-rental.
32. Ex-rental discs – paper sleeves, cases and bonus discs
Our normal rule: When you buy an ex-rental movie or game, you are only buying the main feature disc. The original paper sleeve and case, and any bonus discs, are not included. We may not even have them.
If you purchase the main feature disc as an ex-rental movie or game and we also offer the original paper sleeve and/or case and/or any bonus discs – you may purchase them at an extra cost.
33. Bonus discs
We may offer free ‘bonus discs’ e.g. as prizes, rewards or incentives.
Unless we advertise a bonus disc as ‘new’, you must assume it (and any paper sleeve and case) is ex-rental.
34. 7 day ex-rental disc warranty
We do not offer refunds or credits if you simply change your mind.
If you return an ex-rental disc to us within 7 days of receiving it, with a signed statutory declaration stating that it was not playable in your player, we will accept it as a return and credit back the sale price.
You acknowledge that the requirement for a statutory declaration is reasonable given the prevalence of illegal copying of a movie or game.
35. Ownership of discs
You acknowledge that movie and game ‘ownership’ means only ownership of the physical media, and that all content on the disc is merely licensed from the copyright licensor.
We own all rental movies and games we supply to you, and you hold them on our behalf.
We own all ex-rental discs and new discs until you have paid their price in full.
36. Checking your account
You are responsible for keeping track of orders, receipts and returns on your account.
To assist you, we provide an online facility at Your Account.
We recommend you check the “Current Rentals” tab regularly to see which disc has been sent to you and whether we have received it back.
37. Our liability to you
These rules set out various things that we are not responsible for. As well as those, we are not responsible for:
38. Trial subscriptions
We may offer free trial subscriptions as a promotion.
Any offer we make is limited to one free trial per person, one free trial per household and one free trial per payment method account.
A trial subscription is solely for the purpose of allowing a household to experience the Ezyflix service for a limited period, once. ‘Household’ means a family or other domestic community that shares use of a player at one address. A ‘householder’ is any member of that family or domestic community who normally lives at that address.
A trial subscription cannot be combined with any other promotional offer we make.
A householder is not eligible for a trial subscription if any other householder has ever started a trial subscription.
A trial subscription cannot be suspended or extended.
A trial subscription may be for a specified limited period or for a specified limited number of rentals or be limited in some other way. In any case, it ends when the specified limit is reached.
Periodic fees do not apply during a trial subscription, but these rules apply in all other ways.
You must give us standing recourse to a current, valid credit card in your name.
When you are accepted for a trial subscription, you become a member:
At the end of your trial subscription, unless you cancel your membership (or you choose a different plan or we nominate a different default plan), you will automatically move onto the same plan at the current monthly rate for that plan.
If you want to cancel your membership from the end of your trial subscription, then at least one business day prior to the end of your trial you must both:
It is your responsibility to know when your free trial period ends, to cancel your free trial and to check the “Current Rentals” tab to see if all returned discs have been received by us.
If we find that you have applied for or used a trial subscription in breach of these rules, you are deemed to have been a fee paying member from the date the trial subscription started and we may back-charge you accordingly.
39. Promotions and Competitions
Other Terms and Conditions not listed herein and applying to Ezyflix promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the Terms and Conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
40. Our rules are a contract with you under the law of Victoria, Australia
Use of our website and services are conditional on you agreeing to and complying with these rules, and if you use either or both of them you are taken to agree to the rules.
The agreement between us is subject to the law of Victoria, Australia and the courts with jurisdiction in that State have exclusive jurisdiction in relation to any dispute between you and us.
41. We own the intellectual property in our website.
Trade marks, logos, images, product and company names appearing on our web site are the property of their respective owners. Subject to that:
You must not infringe our intellectual property rights in any way.
42. You may not make any unauthorised use of our website.
Our website allows members and prospective members to learn about and use our service.
No other use of our website is permitted. In particular, you must not:
43. You must respect the security of our website and the computers that host it.
You must not attempt to access or use our website except via a web browser in the manner it has been designed to be accessed and used.
You must not attempt to access any area of our website that you are not authorised to access.
You must not do anything that is likely to harm or damage our web site and the computers that host it.
You must not attempt to upload any script or other executable content to our web site or the computers that host it.
You must comply with any security guidelines or directions we issue, either to you in particular or to users generally.
44. We may publish or republish any testimonial you submit to us.
45. We don’t endorse any external websites that we link to, or that link to us.
Our website may contain links to websites or services published or operated by third parties. We do not control those sites or services and we do not accept any responsibility for their content or reliability. We do not endorse them.
We are never liable to you or anyone else for any decision you make or action you take in reliance on any information on (or omitted from) a linked website or service.
46. We don’t guarantee that our service will be error free or continuously available.
We do not warrant that our website or the service it provides will be uninterrupted or error free, or that defects in it will be corrected.
47. You are solely responsible for keeping viruses, worms, trojans, etc out of your computers.
There are many viruses, worms, trojans and other malicious code on the Internet and transferred over it. You must use the Internet and our website at your own risk.
We do not warrant that that files or code available for downloading through our website will be free of infection or viruses, worms, trojans and other malicious code.
You must implement sufficient antiviral and other protective measures for your computers, network and data to keep them safe and secure.
We are never liable to you or anyone else for harm or loss caused by any viruses, worms, trojans or other malicious code that you download from the Internet, including our website.
48. Chat rooms, message boards and other feedback
If we give you access to chat rooms, message boards or other online feedback (‘forums’), you must use it responsibly.
Here are some examples of forum posts that breach these rules. This list is not exhaustive.
If you breach of this Rule:
You must comply with directions on our website. Our website may include ‘tool tips’ or other notes that direct you what to do (e.g. ‘Choose most applicable category.’) You must comply with them.
You must ensure that anything you post, including feedback and opinions, is lawful and not actionable.
By posting a review or submitting material in a forum, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, distribute, and display such material with or without attribution to you.
49. Liability, Implied warranties and conditions
50. Invalid parts of these rules must be read down.
If anything in these rules is invalid, unlawful or unenforceable:
51. No lapse
Our rights do not lapse just because we don’t enforce them on one or more occasions.
If you owe us money that is overdue for payment, we may charge interest at 15% per annum and an administration fee of $5 a month.