1300 354 788

enquiries@fliptv.com.au

Terms & Conditions Of Use The Flip TV Product

1.              OVERVIEW

Flip TV is a an IPTV subscription service that provides its customers with access to a wide range of movies, television programs and other audio-visual content streamed over the internet using the Flip TV set-top box and related equipment provided by Flip TV (“Hardware”) connected to your television or other compatible device (“Service”).  Please contact us on 1300 354 788 if you are not sure your device is compatible with the Service and the Hardware.

 

2.              GENERAL

2.1.         These terms and conditions (“Terms”) contain the agreement between you and Flip TV Pty Ltd (ABN 78 600 712 230) (“Flip TV”) for the Flip TV IPTV services provided (“Service”).   By creating an account to access the Services (“Account”) you agree to be bound by these Terms and agree that these Terms supersede any prior agreement you have with Flip TV.

2.2.         These Terms incorporate:

(a)            your Account details, which includes details of your subscription package;

(b)            these Terms;

(c)             the critical information summary provided to you upon creation of your Account;

(d)            our Website Terms and Conditions; and

(e)            our Privacy Policy.

2.3.         You warrant that you are over 18 years of age and legally entitled to enter into an agreement with Flip TV, have a valid email address and have a valid credit/debit card with an Australian residential billing address.

2.4.         Flip TV reserves the right to change the Terms on giving you 30 days’ notice.   Your continual use of the Service after the Terms have been amended will be evidence of your agreement to the changes.   If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 8.2  below.

2.5.         References to “you” or “your” means both you and any other individuals you let use the Service and Hardware.   References to “we”, “us” or “our” means Flip TV Services Pty Ltd and/or one or more of its corporate affiliates.

 

3.              MEMBERSHIP

3.1.         Your Account will continue:

(a)            in the case of fixed-term contracts, until the expiration of the term stipulated in your Account summary and thereafter month-to-month until terminated in accordance with clause 8; and

(b)            in all other cases, month-to-month until terminated in accordance with clause 8.

3.2.         To use the Service you must be at least 18 years old, have internet access and a compatible device, and you must provide us with a current, valid, accepted method of payment (“Payment Option” specified in clause 4.4) and pay the monthly Service Fee in accordance with clause 4.

3.3.         You agree to provide us with proof of your identity if we reasonably ask you to do so from time to time.

3.4.         You are responsible for installation of the Hardware.

 

4.              CHARGES/BILLING

4.1.         Service Fee

By creating your Account and providing us with details of your Payment Option, you authorise us to charge to your Payment Option a Service Fee in accordance with this clause 4.

4.2.         Prices

(a)            Details of the pricing for the Service including any surcharges, late payment fees, fees in relation to the Hardware (including fees incurred in relation to the replacement of, or damage to, the Hardware) or any other additional fees (“Service Fee”) can be viewed on the Critical Information Summary provided to you when your Account was setup. You agree to pay all applicable Service Fees.

(b)            All prices are inclusive of GST.

(c)             We may increase the Service Fee at any time by giving you at least one calendar months’ notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).

4.3.         Billing cycle

(a)            You will be charged the Service Fee monthly in arrears.    We will continue to automatically charge the Service Fee to your Payment Option on the same day in every month (“Due Date”) unless and until you cancel your subscription.   If the Due Date does not fall in a particular month we will charge you on the next day that is not a Saturday, Sunday, public holidat or bank holidate (“business day”).

(b)            You agree to pay all invoices by the Due Date.   If any of the bills are not paid in full within 30 days from the Due Date we may refer you to our collections agency to take necessary legal action to recover the debt. This may also affect your credit rating. You will be liable for all reasonable collection costs (including our legal fees) we incur to collect the amount outstanding, or to recover Hardware or any other equipment unless we otherwise agree.

4.4.         Payment Options

(a)            You must pay your Service Fee by direct debit from your credit/debit card (or such other Payment Option as we agree from time to time) in accordance with clause 4.3.   For certain Payment Options, the issuer of your Payment Option may charge you a fee. Check with your Payment Option service provider for more details.

(b)            You can change your Payment Option by calling us on 1300 354 788. If a payment is not successfully settled due to expiration of the Payment Option, insufficient funds, or otherwise and you do not change your Payment Option or cancel your Account, we may suspend your access to the Service until we have obtained a valid Payment Option.

4.5.         Billing disputes

If there is a dispute and in our opinion you have a reasonable claim or dispute with an invoice, we will suspend our collection or recovery processes on any disputed amount until a resolution on your claim or dispute has been settled in accordance with clause 10. We aim to resolve invoice disputes within 21 business days. You will not have to pay any disputed amount which you have genuinely disputed in accordance with this clause unless, and until, the disputed amount is resolved in our favour. We will refund any amount that you successfully dispute.

 

5.              USE OF THE SERVICE

5.1.         The  Hardware remains the property of Flip TV. Any damage to the Hardware caused by your misuse or mistreatment will incur additional charges as set out in the Critical Information Summary.   In this regard, you must:

(a)            use the Hardware in accordance with any manuals or instructions we give you;

(b)            keep the Hardware in good condition at all times (subject to fair wear and tear); and

(c)             notify us of the loss of, any damage to, or faultiness in, the Hardware.

5.2.         The Service and its content is for your personal and non-commercial use only. Flip TV grants you a limited, non-exclusive, non-transferable, license to access the Service and its content on a streaming-only basis. Otherwise, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances or commercial use.

5.3.         You must only use the Service and view its content in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.

5.4.         Subject to clause 5.6, you agree not to archive, copy, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms ) any  content and information accessed through the Service.   You must not remove any of Flip TV’s or our content partners and licensors’ proprietary notices from the content on the Service or the Hardware.

5.5.         You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures utilised by Flip TV or its content partners and licensors.

5.6.         For the avoidance of doubt, nothing in these Terms affects your ability to record any free-to-air TV channels whether accessed through the Service or not or any of the Flip TV channels using the personal digital recording (“PDR”) functionality of the Hardware (if applicable).   The PDR function (if applicable) is a temporary recording function only.   Any programme you have recorded may be erased from the Hardware from time to time and we will not be liable to you whatsoever for any such erasure.

5.7.         Flip TV makes no representations or warranties regarding the content available on the Service and you acknowledge that the content may change from time to time and without notice.   No refund will be given in relation to content unavailability unless this has a materially detrimental effect on you in which case you may terminate your Account in the manner set out in clause 8.2.

5.8.         You acknowledge that Flip TV may need to update its software from time to time.   You acknowledge that if you decline to upgrade the software, the Service may no longer be available to you.   Flip TV will not be liable to you whatsoever for your failure to upgrade the software.   Furthermore, Flip TV will not be liable for any outages in the Service resulting from such upgrades.

5.9.         You acknowledge that the use of the Service may require third party software that is subject to third party licences. Your use of this third party software may be subject to third party terms of use or licence terms.

 

6.              CONNECTION LIMITATIONS

6.1.         Flip TV is an IPTV service which requires an internet connection for the Service to work (with a line bandwidth of at least 3 Mbps for the Service to run efficiently viewing standard definition content).

6.2.         You acknowledge that the Service may not be available in all circumstances and involves significant internet usage.   The Service Fee does not include any charges you are separately charged by your internet service provider (“ISP”) for internet usage.   Flip TV does not accept any liability for services which do not meet this criteria.

6.3.         You further acknowledge that your ability to stream content using the Service is affected by various factors including your device, internet connection, other tasks your device is simultaneously performing and your ISP’s network traffic at the time you are streaming using the Service.

6.4.         Flip TV 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.

6.5.         You agree you are solely responsible for internet usage or access charges and we will not be liable for default or failure to perform our obligations under these Terms resulting from your internet connection or from any other cause beyond our reasonable control. Flip TV does not take any liability for excess usage and/or charges you may incur from your third party ISP. We highly recommend that your internet service be an unlimited plan.

 

7.              CLASSIFICATION

Flip TV will provide classification information as required by law with each piece of applicable content available on the Service.   You are responsible for ensuring that MA15+ classified content and R18+ classified content is only viewed or accessed by persons 15 years and over and 18 years and over respectively.

 

8.              TERMINATION AND SUSPENSION

8.1.         Subject to clause 8.2, you can terminate the Service by contacting us by telephone on 1300 354 788. In this case, cancellation is effective at the end of the current monthly subscription period and your Account will be closed and your access to the Service will be disconnected from this date.   If you terminate the Service before the expiration of the term of a fixed term contract, you must pay the Service Fee for the remainder of the term as stipulated in your Account summary.

8.2.         You can terminate the Service if any changes to these Terms have a materially detrimental effect on you by notifying us within 14 days of the date on which the changes are made. Your cancellation will be effective as of the date of the change to these Terms and notwithstanding anything to the contrary in these Terms you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.

8.3.         We may suspend, restrict or cancel the Service immediately and without notice at any time if:

(a)            you do not comply with these Terms;

(b)            any payments you owe to us have not been paid within 30 days of their due date;

(c)             you improperly use the Hardware;

(d)            there is a failure of the Hardware or the Hardware requires maintenance or modification;

(e)            an authority, such as the ACMA, requests us to do so; or

(f)              you use the Service other than for private, non-commercial use, or in a way that is inconsistent with these Terms or the requirements of our content partners or licensors.

Otherwise, Flip TV may only suspend, restrict or cancel the Service on 7 days’ notice to you.

8.4.         If we suspend your Account, you will still remain liable for all Service Fees during the suspension period.

8.5.         You must return the Hardware to us by registered post within 14 days after cancellation of your Account.   The return of the Hardware is at your own cost unless we otherwise agree.   If you fail to return the Hardware, we may take legal proceedings to recover the Hardware or charge you an unrecovered equipment fee in accordance with the Critical Information Summary for each item of Hardware you do not return.

 

9.              INTELLECTUAL PROPERTY

“Flip TV” is a registered trademark of Flip TV Holdings Pty Ltd (ACN 605 110 852). Flip TV Holdings Pty Ltd’s graphics and logos are trademarks of Flip TV Holdings Pty Ltd. Flip TV’s trademarks may not be used in conjunction with any product or service other than the Service. All other trademarks that appear on the Service or Flip TV’s website that are not owned by Flip TV Holdings Pty Ltd are the property of their respective owners.

 

10.           COMPLAINTS

If you have any concerns about the Service, you should contact us immediately on 1300 354 788. We will endeavour to resolve any problem or complaint you have as quickly as possible.

 

11.           LIABILITY

11.1.      These Terms do not exclude, restrict or modify any rights that you have under any existing laws or regulations and codes, including without limitation the Competition and Consumer Act 2010 (Cth).

11.2.      You indemnify Flip TV and its shareholders, directors, officers, employees, suppliers, content partners and licensors (each an “indemnified party”) from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against the indemnified party by you or any person other than you, which arises from or is connected with:

(a)            our supply, suspension, restriction or cancellation of the Service or your Account;

(b)            your use of the Service;

(c)             any errors, viruses or bugs present in or arising from your use of the Service that are not directly caused by or attributable to us;

(d)            any incompatibility of the Service with any other software, hardware or material on your viewing device; or

(e)            any damage to your property or your own equipment,

unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default, negligence or breach of these Terms.

11.3.      To the extent permitted by law, including the Australian Consumer Law, Flip TV does not accept any liability for any content provided by third parties as part of the Service or for any product or service advertised, promoted, offered or sold by third party service providers for use in connection with the Service or otherwise. While we will make efforts to ensure that the information contained in or on the Service is as accurate as possible, to the extent permitted by law, including the Australian Consumer Law, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service.

 

12.           PERSONAL INFORMATION

12.1.      Flip TV ensures that we only use your personal information in accordance with the Privacy Act 1988 (Cth).

12.2.      Flip TV collects, stores, uses and discloses personal information about you  including your name, address, contact details and Payment Option information in accordance with our Privacy Policy.

12.3.      You acknowledge and agree that Flip TV may collect information relating to programming or advertising or other services viewed, used or accessed by you via the Service when you or anyone else uses the Service as set out in our Privacy Policy.   Where that information is capable of identifying you, we will handle that information in accordance with our Privacy Policy.

12.4.      By creating an Account, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy. You may obtain a copy of the Privacy Policy by calling us on 1300 354 788or it can be found by clicking here.

 

13.           GENERAL

13.1.      You may not transfer, assign or novate your rights under these Terms are to any person, firm or company without Flip TV’s prior written consent.   Flip TV may transfer, assign or novate its rights and obligations to any party in its absolute discretion.

13.2.      These Terms are governed by the laws of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.

13.3.      Flip TV may notify you of something under these Terms using electronic communication (including sending notice to your email account or by publishing the notice to our website).   It is your obligation to ensure all information you have provided to us is up to date.

13.4.      If any part of these Terms is invalid or unenforceable, these Terms do not include it.  The remainder of these Terms continue in full force.

13.5.      Flip TV’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.   The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.