TERMS & CONDITIONS
Last updated: October 2021
1. Introduction and Overview
1.1 Femflix operates as a video on demand subscription service that provides our customers with access to a curated, rotating library of movies, short films, television programs, web series and other audio-visual content ("Content") for streaming or temporary download over the internet to certain types of internet connected devices ("Femflix Service").
1.2 The Femflix Service is provided by Femflix Pty Ltd (ABN 81634736833) ("we", "us" or "our").
2. The Agreement
2.1 Your use of the Femflix Service and its Software (as per clause 7.1 below) is governed by this Agreement. Upon creating your account with the Femflix Service (“Account”) you agree to be bound by the terms of this Agreement.
2.2 This Agreement encompasses the following:
(a) your Account details;
(b) these terms and conditions
(d) our Collection Statement; and
(e) the URL’s included in these terms and conditions.
2.3 The terms of this Agreement may change. You will be notified of any material changes to this Agreement before the date the material change comes into effect. If such a material change has caused you significant detriment, you may cancel your subscription as per clause 9.2 below.
2.4 You can visit www.femflix.com at any time to obtain a copy of the most current version of this Agreement.
2.5 This Agreement continues month to month unless you cancel or we terminate this Agreement in accordance with the terms of this Agreement.
3. Eligibility and Access
3.1 To be eligible to create an Account with the Femflix Service, you must:
(a) Be 18 years of age or older; or the equivalent age of majority in your territory, country or province. Minors may only use the service under the supervision of an adult.
(b) provide us with your email address
(c) provide us with your valid payment method via providing us with valid credit/debit card (“Valid Card”) details or PayPal account details; and
(d) have an Australian or New Zealand residential address and provide us with your postcode.
3.2 To access the Femflix Service, you must:
(a) set up an Account; and
(b) have a Supported Device that is connected to the internet in Australia or New Zealand;
(d) subject to the specific terms of any Promotional Offer (as defined below), pay the monthly Subscription Fee (as defined below) in accordance with clause 6.
4. Subscription Plans
4.1 Femflix offers three standardised plans include Monthly Plan, Annual Plan & Lifetime Plan (“Subscription Plans”). For information on what subscription plans are currently available, please visit www.femflix.com
5. Promotional Offers
5.1 Your access to the Femflix Service including your Subscription Plan may include a free trial period or other promotional discount or benefit ("Promotional Offer"). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer.
Promotional Offers may also be subject to terms and conditions which shall apply in addition to this Agreement. The terms and conditions of the Promotional Offers will prevail over and cure any inconsistency with the terms and conditions of this Agreement.
If we suspect a Promotional Offer is being abused, we reserve the right to charge for Promotional Offers based on the then current monthly Subscription Fee for your Subscription Plan.
5.2 Femflix memberships may start with a free trial, for the purpose of allowing new subscribers to try out the service. The duration of the free trial period of your membership will be specified during sign-up. It is your responsibility to know when your free trial ends, and when your Subscription Plan will commence billing for your Subscription fee.
5.3 We will commence billing you the monthly Subscription Fee for your then current Subscription Plan in accordance with clause 6, unless you cancel your Account before the end of the free trial period.
6.1 Upon creating your Account and providing us with your Payment Method details, you authorise us to charge your Payment Method the Subscription Fee for your Subscription Plan in accordance with clause 6.
6.2 The Subscription Fee for your Subscription Plan will be charged to your Payment Method in advance of each monthly subscription period.
6.3 Your first monthly subscription period starts when you:
(a) create your Account, or if your Account commences with a free trial period, immediately after expiry of your free trial period
(b) pay your first monthly Subscription Fee from your Payment Method.
6.4 Billing for the Femflix Service will be payable by you on a monthly or annual basis in advance, subject to any free trial period you may be entitled to redeem (see clause 5). At the end of the first monthly or annual subscription period and each monthly or annual subscription period thereafter, we will automatically renew your monthly or annual subscription and charge your Payment Method the monthly or annual Subscription Fee unless and until you cancel your Account. Each subsequent monthly or annual charge shall be debited in full from your account on the same billing date as the initial month or date you created your Account to the Femflix Service.
6.5 Unless expressly stated otherwise, all Subscription Fees are GST inclusive. If your chosen Payment Method is your Valid Card, to ensure your Valid Card is not being used fraudulently, we may validate your Valid Card with a small pre-authorisation.
6.6 For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
6.7 We may increase the Subscription Fee for the Subscription Plan you are currently subscribed to 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).
6.8 If we are unable to collect the Subscription Fee from your Payment Method due to (but not limited to) expiration or insufficient funds or otherwise, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Femflix Service without notice. If and when we are able to collect the outstanding Subscription Fee from your Payment Method during a period of suspension (for example, if you update your Payment Method details), we will reinstate your access to the Femflix Service and your new monthly subscription period will commence on the date we successfully charge your Payment Method.
Updating Payment Methods
6.9 You must ensure that the details of your Payment Method remain accurate and up to date. You can change your Payment Method details by logging into your dashboard and updating your profile. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Payment Method Information
6.10 We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only (Eg. by email to your email address provided upon registration).
7. Usage of Femflix Service
7.1 The Femflix Service, the Software and any Content that you view via the Femflix Service are for your personal and non-commercial use only. We grant you a limited, non-exclusive, personal and non-transferable license to access the Femflix Service and view Content through the Femflix Service on a streaming or Temporary Download basis (as defined below).
(a) install and use any software and/or applications (including, without limitation the Femflix App) provided to you by or on behalf of us in connection with your use of the Femflix Service ("Software") in object code form only solely for the purpose of accessing the Femflix Service and viewing Content through the Femflix Service, subject to the terms and conditions set out in this Agreement.
7.2 You may view the Femflix content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
7.3 You must not download Content except:
(a) for a temporary buffer required to overcome variations in stream bandwidth
7.4 You agree to use the Femflix service, including all associated features and functionalities in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as expressly authorised under the terms of this Agreement or with our express written consent, you must not archive, download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Femflix Service or Femflix Website. You agree not to circumvent, remove, alter or deactivate any of the content protections or digital rights management and anti-piracy measures used in the Femflix Service or insert any code or product or manipulate the content of the Femflix service in any way, or use any data mining, data gathering or extraction method.
7.5 You must only use the Femflix Service (and view any Content on the Femflix Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.
7.6 Except for the limited licence granted under clause 7.1, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.
7.7 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the Femflix Service (including your internet and mobile usage when Temporarily Downloading Content). Please check with your internet provider for information on possible data usage charges and other costs.
7.8 The quality of the display of Content, and the time it may take to begin watching Content depends on a number of factors, including but not limited to your location, internet speed, available bandwidth and the configuration of your Femflix Supported Device. Not all Content will be available in HD. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence/resume viewing, nor that your viewing experience will be uninterrupted.
7.9 You may stream Content through the Femflix Service in Australia and New Zealand only. We will use geo-blocking technology to verify your geographic location and prevent streaming or Temporarily Downloading outside Australia.
7.10 The Content on the Femflix Service is a rotating library that is regularly updated, and will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.
7.11 You must keep your Account details private. You must not share your Account details. If you suspect that your Account details have been compromised, please notify us immediately and change your Account details as soon as practicable.
7.12 We may undertake maintenance or upgrades to the Femflix Website from time to time, which may result in unplanned outages to the Femflix Website. Such maintenance, upgrades or outages may affect your ability to access the Femflix Service. We will limit such incidents where we reasonably can.
7.13 From time to time, you may be required to upgrade the Software to continue using the Femflix Service. If you decline an upgrade, you may not be able to use or access the Femflix Service.
7.14 You must not remove any proprietary notice of us or any of our licensor from the Content, the Software or the Femflix Website.
7.15 When using the Femflix Service, the software may track and capture information about your activity (including information about your viewing habits, your operating system, internet protocol addresses, information about Supported Devices registered to your Account, including unique device numbers, and other information obtained from the hardware configuration of said devices) and will send this information to us. This information is used by us for the purpose of identifying the Supported Devices registered to your Account and ensure compliance with your right to use the Femflix Service. We also use this information to enhance and improve the software and the Femflix Service. By installing the software and using the Femflix Service, you consent to the transmission of this information.
7.16 Femflix may use your account information to let you know about upcoming Femflix programs and other things Femflix thinks you might find interesting. If you do not wish to receive our email communications, you may unsubscribe at any time by clicking the unsubscribe link in the footer of our email.
7.17 You can view and change your Account details, including information about billing, payment, by visiting www.femflix.com
8.1 Our Content will be provided with a classification when it is featured on the Femflix Service. You accept full responsibility for reviewing all classification information supplied for each piece of Content. It is your responsibility to inform or safeguard (where appropriate) other viewers of the Content, including children.
9. Suspension and Cancellation
9.1 You may cancel your Account at any time by visiting www.femflix.com and clicking "Cancel my subscription". You will have access to the Femflix service until the end of your billing period, at which point it will then be closed and you will be disconnected from the Femflix Service. If you cancel your Account during the free trial period, cancellation is effective immediately and your Account will be closed and you will be disconnected from the Femflix Service from the date you cancel. You will not receive a refund of any fees or other amounts already paid to us when you cancel, except in the circumstances described in clause 9.2.
9.2 If you wish to cancel as a result of us changing our terms in this Agreement in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that change. Your cancellation will be effective as of the date of the change to this Agreement, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
9.3 At any time, we may cancel your Account or this Agreement. Excluding the term of 9.4, if we cancel this Agreement or your Account, you will be able to access the Femflix Service for the remainder of the current monthly subscription period. If we cancel your Account or this Agreement during the free trial period, your access to the Femflix Service will cease immediately.
9.4 We may immediately suspend, restrict or cancel your Account or access to the Femflix Service in the following situations:
- For reasons necessary to security, technical, copyright, anti-piracy or operational pursuits.
- If you use the Content or the Femflix Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors;
- If you are in breach of any terms of this Agreement; or
- If we have a suspicion on reasonable grounds that your Account details are wrong, your Account has been accessed by an unauthorised user, or your Account is linked or connected to any illegal or fraudulent activity.
10. Intellectual Property
10.1 All content on or available through the Femflix Service, Website and the software is our property or, (if applicable) the property of our content partners/licensors. Our property and your use of the Femflix Service is subject to and governed by the relevant intellectual property laws. We reserve the right to take necessary steps in preventing breaches of copyright law, including but not limited to steps to prevent unauthorised use of the property through distribution, copying, reproduction, communication and transmission.
10.2 Femflix is a registered trademark of Femflix Pty Ltd. Femflix’s graphics and logos are trademarks of Femflix Pty Ltd. Femflix’s trademarks may not be used in conjunction with any product or service other than the Femflix Service. Other trademarks that may be displayed on the Femflix Website that are not owned by Femflix Pty Ltd are the property of their respective owners.
11.1 To the maximum extent permitted by law (but subject to clause 11.2):
(a) the Femflix Service and all Content and Software and any other features or functions associated with the Femflix Service, are provided "as is" and "as available" with all faults and without warranty. We make no representation or promises that the Femflix Service will be uninterrupted or error-free.
(b) we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Femflix Service or Website. We accept no liability relating to reliance on such information, advice or other content.
(c) all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Femflix Service or otherwise in connection with this Agreement are expressly excluded. We will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Femflix Service.
11.2 These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence. The Femflix Service comes with statutory guarantees under consumer protection laws that cannot be excluded.
11.3 You are responsible for all acts and omissions of any person who uses your Femflix Service.
11.4 You indemnify us and our 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 us by you or any person other than you, which arises from or is connected with:
(a) our supply, suspension, restriction or cancellation of the Femflix Service or your Account; or
(b) your use of the Femflix Service, including in connection with any content, information or other material posted on the Femflix Website from your Account, or any other information you provide to us,
unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party's wilful default, negligence or breach of this Agreement.
12. Advertisements and links to third party sites
12.1 The Femflix Service and Website (including associated social media pages) may contain links to other third party websites, which are not within Femflix’s control and are not endorsed by Femflix. Femflix makes no representations or warranties about the accuracy, appropriateness or completeness of content of any other website which may be accessed directly or indirectly through the Services. You acknowledge that you access third party websites at your own risk.
12.2 The Femflix Service may feature celebrity or industry guests (‘Guest Curators’) across our Website and associated social media channels from time to time, to select and promote our upcoming titles. Any activity undertaken by, or opinions and views expressed or represented by our Guest Curators are not necessarily the views and opinions held by Femflix or endorsed by Femflix. Femflix makes no representation or warranties in relation to the accuracy or completeness of the information or advice given by our Guest Curators. We accept no liability relating to reliance on such information or advice.
12.3 The Services (including associated social media pages) also contain advertisements which include links or refer you to third party websites. All third party advertisements are paid for by the relevant third party advertisers and are not recommendations or endorsements by Femflix of the products and services advertised.
14.1 We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement.
14.2 You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.
14.3 This Agreement is governed by the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.