This User Agreement outlines the terms and conditions which govern your use of edflix.com.au (“Website”). EDflix Pty Ltd may be referred to as “Company”, “Us”, “We”, or “Our”.
In this User Agreement:
“Company”, “Us”, “We”, or “Our” refers to the company EDflix Pty Ltd.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in the circuit layouts (or similar rights), registered designs, registered and unregistered trade marks , and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred in to paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Service” means any services provided by EDflix related to the Website.
“User”, “you” and “your” means an individual who visits or uses the Website
“User Agreement” refers to the contents of these Terms and Conditions that govern the relationship between the User and the Company.
“Website” means the Websites operated by EDflix and available at [http://edflix.com.au] and any related EDflix service, tool or application
By accessing and/or using the Website, you agree fro the following terms with EDflix.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.
The Website is an online destination where HSC students can access High-Definition video tutorials, notes, and exemplar essays from state-ranking tutors. HSC students must register an account in order to access any of the content on the Website. The Website is intended as a means to compliment positive study habits, allowing users to achieve in their exams and assignments.
You will not use the EDflix Website if you:are not able to form legally binding contracts; orare under the age 13; ora person barred from receiving and rendering Services under the laws of Australia or another applicable jurisdiction; orare suspended from using the EDflix website.
Under Australian laws, a student over 15 but under 18 can use an adult’s account with permission of the account holder. However the account holder is responsible for everything done with that account. EDflix may, using their absolute discretion, refuse to register a person as a User.
When using the Website, you must not do any of the following:
In addition to this, you represent and warranty to EDflix that you are of a legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older. You also certify that that you are legally permitted to use and access the Website and take full responsibility for the selection and use of and access to the Website and its related Services.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
When you register for an EDflix account via the form [http://edflix.com.au], the information you provide must be true, accurate, current and complete information about yourself. You must maintain and update this information and meet it true, accurate, current and complete. If you fail to keep an updated recorded of your information, the Company has the right the cancel your Subscription to the Website and refuse any and all current or future use of this Website.
Registration to the EDflix Website will require you to have a valid email address and a unique password. It is the suggestion of EDflix that your password is secure as possible, so it is recommended that you use a combination of letters, upper case and lower case, numbers, and symbols. It is your responsibility to exert caution in keeping your username and password confidential and log-off from the Website when you have completed your session. If you feel your account has been accessed someone who is not authorised to do so, you should contact the company immediately at [email protected] and we will rectify the issue.
Upon the event of a breach in the Terms and Conditions by you, the Company reserves the right to cancel your username and password without notice.
Copyright and Intellectual Property
The videos created by EDflix and uploaded to the Website are the intellectual property of the Company. Any use of the videos or uploading or sharing of the videos to parties that are not affiliated with EDflix constitutes an unlawful breach of the Company’s intellectual property.You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the Content (and other items displayed on the Website for download, including notes and exemplar essays), provided that you maintain all copyright and other notices in such Content.
Charges and payments
There is one subscription option on the the EDflix Website [http://edflix.com.au] which dictates if you will be charged for using the Service.
The single package is a paid subscription which will require you to have credit card details in order to access the Service. You will be charged weekly in advance until your membership is cancelled (see point 8 for cancellation details) in addition to any transactional based charges. Details of the charges are displayed with the sign-up process at [http://edflix.com.au]. Charges are expressed in Australian dollars. Any reduction in the weekly membership price will take effect in your next subscription week following notification. Your membership week begins on the date on which you register for the Website and finishes on the day before that calendar date the following week.
Payment for all charges are payable upon registration or the relevant monthly date. You can subscription fees by any Mastercard or Visa credit card, or via Paypal. Your payment details will be encrypted to minimise the possibility of unauthorised access or disclosure. At the time of registration, you will be asked to provide credit/debit card/Paypal details. In the event that the Company is unable at any time to obtain payment of any charges using such credit card details, the Company may freeze your account until it has received settlement in full.
Irrespective of any remedy that EDflix may have against you, EDflix may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if:there is reasonable grounds to believe that you have acted in breach of any of these Terms and Conditionsthe Company does not receive payment of the monthly subscription.we are unable to verify the accuracy or validity of any information provided by you we suspect fraudulent, abusive or illegal activity by you
You may cancel your subscription to the Website at any time via [http://edflix.com.au] if you object to any of these Terms and Conditions, or become dissatisfied with the Website or any changes made to it in the course of your usage. The cancellation of your subscription will take effect from the next monthly payment date and you will not be entitled to a refund for any monthly membership fee already paid.If you downgrade your subscription from a Premium Package to a Standard Package the reduction in the amount charged to your account will take effect from the next monthly payment date and you will not be entitled to a refund for any monthly fee already paid in respect of the Premium Package you have used.
Warrant Disclaimer and Limitation of Liability
EDflix has no special relationship with or fiduciary duty to you as a User of the Service. You acknowledge that the Company has no control over, and no duty to take any action regarding the following:which users gain access to the Websitewhat Content you access via the Websitewhat effects the Content may have on youhow you may interpret or use the Contentwhat actions you may take as a result of having been exposed to the ContentBy accepting the terms and conditions and using the EDflix website you release the company from all liability related to the use of the Service. In some instances the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.THE WEBSITE AND RELATED SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES RELATED TO POTENTIAL ERRORS OR TECHNICAL INTERRUPTIONS TO OUR SERVICE.IN NO EVENT SHALL EDFLIX, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SUBSCRIPTION THROUGH THE WEBSITE DURING THE FIRST 8 MONTHS OF YOUR USAGE, (II)FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER THAT IS BEYOND THE COMPANY’S REASONABLE CONTROL.
Amendment to terms and conditions
EDflix reserves the right to amend and alter these Terms and Conditions and any content or information contained on the Website at any time. In the event that these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. Changes will come into effect from the day of posting.
The Terms and Conditions contains the entire understanding and agreement between you and EDflix.
Although the Company will, to the best of its ability, provide you with access to the Website and its Services, the Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company had a legal, technical or other good reason to do so such as technical difficulties experienced by the Company through any internet infrastructure. The Company will, wherever possible, give reasonable notice to you when using the services.
The Company reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by the copy to be in contravention of the Terms and Conditions. If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision. If any of these provisions of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected.
These Terms and Conditions shall be governed by the laws of New South Wales, without regard to the conflict of laws provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in New South Wales, Australia.
You must report any violations of these Terms and Conditions to [email protected]
These terms and conditions was last updated on 24 May, 2014.