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Terms & Conditions

TERMS OF USE


1. Definitions

Brollie, we and us means Brollie.
Compatible Devices means a device compatible with Brollie as listed in these terms.
Member means a person that has supplied the requisite information and accepted membership of Brollie and Membership has a corresponding meaning.
Member Account means an account held by a Member with Brollie for the purposes of streaming Brollie Content through Brollie.
Brollie Content means a film or TV series or an episode of a TV series or any other product or content provided by us for streaming through Brollie.
Brollie means the digital content Brollie provided by us (and/or by our third party service providers on our behalf) and includes all pages of and all information, material, text, graphics and facilities on Brollie.
Streaming Content means Brollie Content which has been streamed by a Member and is available for viewing.

2. Acceptance of Terms

These terms form the basis on which you agree to use Brollie to stream our films and TV series.
These terms represent a legally binding agreement between you and Brollie. By using Brollie (which includes accessing Brollie, creating an account, and/or streaming any Brollie Content), you accept these terms and agree to abide by them.
If you need to contact us about Brollie, you can do so by contacting us through customerservice@brollie.com.au.

We reserve the right to change these terms. If we do so, then prior to any subsequent streaming of any Brollie Content, you will receive an email notifying you of the updated terms to the email address you provided when creating your account.

3. Use of Brollie

Brollie permits you to stream our Brollie Content for your personal use in accordance with these terms, including any terms specific to particular Brollie Content.
To stream Brollie Content you must be 18 years or older and located in a territory where the particular Brollie Content is authorised to be available. You agree not to use or attempt to use Brollie from outside this territory. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside this territory.
You are responsible for ensuring that all persons who access Brollie through your internet connection are aware of these terms and that they comply with them.

4. Technology Requirements

You are responsible for making all arrangements necessary for you to access Brollie including ensuring you employ technology capable of utilising Brollie. Use of Brollie requires Compatible Devices, certain software (fees may apply) and internet access. Use of Brollie may be affected by the performance of these factors and these requirements are subject to change at any time. We will use reasonable endeavours to give you notice of any changes.

5. Compatible Devices and Software

The system requirements are detailed in the Help page. You acknowledge that Brollie may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems.
High-speed internet access is strongly recommended.

6. Purchase and Payment

To use Brollie you must become a Member and you must agree to these terms.
Once you have become a Member you can elect to stream Brollie Content.

7. Member Accounts

Some important details about your Member Account:
- Don’t reveal your account information to anyone else;
- You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account;
- You agree to immediately notify Brollie of any security breach of your Member Account;
- Brollie shall not be responsible for any losses arising out of the unauthorised use of your Member Account;
- If you create a Member Account and/or use Brollie on someone else’s behalf, you warrant that you have that person’s authority to do so. You also accept all liability and the consequences for any breaches of these terms resulting from any unauthorised activity you conduct. You shall not access or attempt to access a Member Account that you are not authorised to access. You agree to provide accurate and complete information when you become a Member, and as you use, Brollie and you agree to update such information to keep it accurate and complete.

8. Streaming Brollie Content

You acknowledge that the volume of data consumed by accessing Brollie Content is typically high. You are solely responsible for any internet usage or charges that your ISP may apply in relation to accessing Brollie Content.

9. Privacy

We respect your privacy. Your use of Brollie is subject to our Privacy Policy.

10. Brollie Service and Availability

We may modify, suspend, or discontinue Brollie or any Brollie Content at any time with or without notice to you.
We will not be liable for any unavailability of Brollie or of any Brollie Content if you have breached any of these terms or for any unavailability beyond our control. You acknowledge that not all of our film and television programmes listed on our website are available for purchase nor will they become so in future.

11. Rules of Use

You shall use Brollie and Brollie Content strictly in accordance with these terms.
You will be authorised to use Brollie Content only for personal, non-commercial use. You may not make any Brollie Content available for any commercial purpose, educational purpose or any other purpose not expressly authorised in these terms.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to Brollie and Brollie Content for any reason, or to interfere with, remove or alter any digital rights management information on Brollie or Brollie Content, or to attempt or assist another person to do so.
You must not abuse or misuse Brollie by attempting to compromise the service by employing technologically harmful means or material.
You will not use Brollie for any purpose which is unlawful, not authorised by us or otherwise conflicts with these terms.
Your use of Brollie may be monitored and controlled by Brollie or its service provider for compliance purposes at any time.

12. Third Party Material

Some information contained in Brollie may link you to sites that are not owned or under the control of Brollie. Brollie assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on Brollie.

13. Objectionable Material

We aim to include rating information when available for all Brollie Content. You may personally consider some Brollie Content to contain offensive, indecent, or objectionable content and some Brollie Content may also contain explicit material. Subject to applicable censorship laws Brollie provides Brollie Content at your sole risk and Brollie shall have no liability to you for material that you may consider to be offensive, indecent, or objectionable.
Some Brollie Content may be viewed on an age-restricted basis. It may be unlawful for you to knowingly stream some Brollie Content if you don’t meet the minimum age requirement. In viewing Brollie Content we rely on your agreement that you are old enough to legally view the particular Brollie Content. If we have reasonable grounds to believe you are not old enough then we may cancel your Membership.

14. Intellectual Property

Brollie and Brollie Content contain information and material that is owned by Brollie and/or its licensors and/or service providers, and is protected by applicable intellectual property and other laws, including those relating to copyright. Brollie reserves for itself and such third parties all such rights in all jurisdictions throughout the World.
You must not (and must not permit others to) authorise or assist any other person to remove or interfere with any copyright notices contained in any Brollie Content.
We take infringement of our copyright (and that of our licensors and service providers) seriously. You must:
- only use Brollie Content and related information and materials in the course of using Brollie in compliance with these terms and not for any other purpose;
- not download, upload, copy, reproduce, communicate to the public, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of any Brollie Content or any part of it;
- not copy, reproduce, modify or manipulate any part of Brollie and/or Brollie Content in any manner;
- not exploit Brollie or Brollie Content in any unauthorised way whatsoever.
We reserve all rights and remedies available to us to prevent any infringement of intellectual property we or our licensors or service providers own that is comprised in Brollie or Brollie Content.
Brollie’s trademarks, service marks, graphics, and logos used in connection with Brollie are the intellectual property of Brollie. Other trademarks, service marks, graphics, and logos used in connection with Brollie or with Brollie Content may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks.

15. Termination

We may:
- terminate the agreement created between you and Brollie pursuant to these terms; and
- suspend access to Brollie (or any part thereof) or any Brollie Content at any time without notice.
We will not be liable if for any reason Brollie is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Brollie or to Brollie Content.
We have the right to disable any Membership at any time, if in our opinion you have failed to comply with any of these terms.
You may cease to use Brollie at any time.

16. Disclaimer

Your use of Brollie is at your own risk.
Brollie does not guarantee, represent or warrant the uninterrupted or error-free use of Brollie and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond Brollie’s and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection.
To the extent permitted by law, Brollie and Brollie Content are provided by Brollie without warranties or guarantees of any kind, other than the statutory protection afforded to you by applicable legislation.

17. Limitation of Liability

Brollie’s liability shall be limited as set out in these terms and otherwise to the amount of any liability that may arise under any applicable legislation and solely in respect of the failure to comply with any guarantee corresponding to Brollie’s supply of goods or services relating to Brollie or any Brollie Content.
Brollie expressly excludes any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with Brollie or in connection with the use, inability to use, or results of the use of Brollie.

18. Waiver and Indemnity

You agree to indemnify and hold Brollie, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these terms and your use of Brollie.
Brollie reserves the right to take any action we believe necessary to recover any sums you owe us. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by us including, but not limited to, legal fees, collection fees, arbitration costs and court costs.

19. Miscellaneous

These terms constitute the entire agreement between you and Brollie regarding Brollie.
If any part of these terms is held invalid or unenforceable the remaining parts of these terms shall remain in full force and effect.
Our failure to enforce any right or provisions under these terms will not constitute a waiver of such provision or any other provision.
We will not be responsible for failure to fulfil any obligation due to causes beyond our control. We may notify you with respect to Brollie by sending an email message to your Member email address. Notices shall become effective immediately when issued by us.

20. Governing Law

These terms and your use of Brollie and Brollie Content are governed by the jurisdiction where Brollie is based for any claim or dispute relating in any way to your use of Brollie.