Terms of Service
19 February 2021
Welcome to the THEATRIX HOLDINGS GROUP PTY LTD (the “TheatrixHD”).
Welcome to the THEATRIX HOLDINGS GROUP PTY LTD (ACN 638 640 507) (the “TheatrixHD”). (“TheatrixHD Australia “, “Company”, “we”, “our”, “us”)!
TheatrixHD provides a personalized subscription service that allows our members to access movies and TV shows streamed over the Internet to certain Internet-connected TVs, computers and other devices.. The TheatrixHD Platform can be accessed on our website theatrixhd.com.
Use of the TheatrixHD Platform is governed by the following terms and conditions (“Terms of Service”). Please review the Terms of Service carefully. The use of any other product or service offered by TheatrixHD Platform Ltd (including access to its websites) shall be governed by separate terms and conditions and are not covered by these Terms of Service.
By using the TheatrixHD Platform, you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to the Terms of Service, you should not use the TheatrixHD Platform.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
You should be aware that there are certain things that TheatrixHD Platform will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but TheatrixHD Platform cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming
Along the same lines, TheatrixHD Platform cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, TheatrixHD Platform cannot accept responsibility.
With respect to TheatrixHD Platform ’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. TheatrixHD Platform accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Web, Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. TheatrixHD Platform does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Some Content on the Services may be protected by technologies (commonly known as Digital Rights Management [“DRM”] technology) or rules. These DRM technologies may limit or restrict access and use of the Content. You understand that these DRM technologies are in place to protect the intellectual property rights of the Content producers, TheatrixHD Platform, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate any DRM technologies or rules that protect the Content, and that you will not and will not assist or encourage anyone to copy, distribute copies, modify, adapt, translate, reverse engineer, decompile, or disassemble software used to provide the Services, or create any derivative works from or of such software.
Registration for our services
You can create an account with us by registering on the TheatrixHD Platform. By registration your account on the TheatrixHD Platform is subject to you satisfying the Terms of Service at all times. You are solely responsible for maintaining the confidentiality of your login credentials. The Organisation, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
Acceptance of the Terms
By using the TheatrixHD Platform, you are agreeing to comply with and be bound by the Terms of Service. Your use of the TheatrixHD Platform is subject to the Terms of Service, which may be updated from time to time without notice to you.
Your acceptance of the Terms of Service is valid, binding and constitutes the entire agreement between us (irrespective of whether you are a user of or visitor to the TheatrixHD Platform). The Terms of Service supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the TheatrixHD Platform, and the services that are provided to you through the TheatrixHD Platform.
Charges and Payments
You will be required to provide a credit card or any other payment method accepted by TheatrixHD Platform, as may be updated from time to time (“Payment Method”). We will charge your Payment Method a periodic subscription fee on a recurring basis corresponding to the term of your subscription, and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method.
We generally do not guarantee to refund any amounts received from you for any services delivered through the TheatrixHD Platform. However, in exceptional cases, you can write to us at email@example.com with all the details, and we shall consider any refund at our sole discretion.
You agree to submit any disputes regarding any charge to your account in writing to us within 45 days of payment, otherwise payment will be final and not subject to challenge.
GIft, Promotions, Free Content and Trials
We may offer a free trial subscription to certain qualified users free for limited promotional periods. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply
- You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
- Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of Service.
You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and TheatrixHD Platform does not guarantee that you will agree with them. You acknowledge these risks. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, TheatrixHD Platform is unable to make any warranties about the Content in these respects.Please note that Content you view (e.g., legal and medical shows) should not be relied upon for advice. For those who are susceptible to photosensitive epilepsy or other photo sensitivities, it’s also important to remember that some Content may contain flashing lights sequences or patterns.
Subscription & Billing
Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. TheatrixHD Platform reserves the right to change the terms, including price, subscription from time to time, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.
Compliance and Applicable Law
We reserve the right (but have no obligation) to monitor all activities on your account to ensure compliance with the Terms of Service and applicable law.
We do not warrant that:
- the TheatrixHD Platform will meet your specific requirements;
- the services on the TheatrixHD Platform will be uninterrupted, timely, secure, or error-free, or be available to you at all times;
- the services that may be obtained from the use of the TheatrixHD Platform will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the TheatrixHD Platform will meet your expectations; and
- any errors on the TheatrixHD Platform will be corrected.
Changes to the TheatrixHD Platform
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the TheatrixHD Platform or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the TheatrixHD Platform.
Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Australia, which governing law applies to an agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
We regularly review our compliance with Terms and Conditions. Please feel free to direct any questions or concerns regarding this Terms and Conditions, contacting us through the technical support by email: firstname.lastname@example.org.
If you are experiencing technical difficulties with the Services, reboot the Application confirm that your TheatrixHD Platform is connected to the internet via a through your mobile provider, WiFi or Ethernet. If you are still experiencing issues and for assistance with billing questions, order inquiries, or other issues related to the Services, please reach out to TheatrixHD Platform Customer Service at email@example.com.
Level 2, 1284 South Road