These "Terms Of Use" govern your use of the Clixflix Web site hereinafter referred to as "Service". The Service is owned and operated by Clixflix Entertainment (I) Pvt Ltd. (hereinafter referred to as "Clixflix') and is offered to you (hereinafter referred to as "Member") as per your agreement with and acceptance of this document (hereinafter referred to as "Membership"). By clicking on the box entitled "I Have Read And Accept The Terms Of Use" as part of the registration process, Members accept all items in the Terms Of Use and agree to abide by and be legally bound by the Terms Of Use.
By browsing, visiting and using the Clixflix Web site, you accept and agree to abide by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Clixflix Web site.
Clixflix Entertainment (I) Pvt Ltd reserves the right, with or without notice to you, from time to time, to change these Terms of Use at our sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the pages of the Clixflix Web site. The most current version of the Terms of Use will replace all previous versions. Your use of the Clixflix Web site means that you agree to abide by such changes.
Any information submitted on the Clixflix Web site is subject to our "Privacy Policy", the details of which may be viewed by clicking on the "Privacy Policy" hyperlink located at the bottom of the pages of the Clixflix Web site. Please review our Privacy Policy to understand our practices.
You can find the specific details regarding your Privileged and/or Online membership with Clixflix at anytime by clicking on the "My Account" section after 'Signing In' by clicking on the 'Sign In' link, located at the top of the homepage. Clixflix offers several payment options - cash, bank cheque, credit card, debit card and direct account debit for members with a net banking facility, hereinafter referred to as "Payment Method".
As a member of Clixflix, you agree that we are permitted to charge or debit, as applicable, your Payment Method for a transactional, monthly, quarterly or yearly membership fee, as the case may be, any applicable tax and any other charges you may incur in connection with your use of the Clixflix service. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method to include your refundable security deposit. The membership fee will be billed at the beginning of your membership. Each monthly, quarterly and or yearly renewal as the case may be, will be intimated to you via an email prompt and/or a telephonic reminder. All renewals will require your authorization. Visit your "My Account" link to see the commencement date for your next renewal period. In the event your monthly membership began on a day not contained in a given month, your membership will be renewable on the last day of such month. For example, if you became a member on January 31st, your renewal date would be on February 28th or 29th as the case may be. All fees and charges are nonrefundable except for the refundable security deposit, which will be returned upon expiry or cancellation of your membership and provided there is no damage caused to disc and/or Clixflix during your term of use. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email
Your Clixflix membership will need to be renewed on every monthly or yearly anniversary or on exhaustion of your viewing limit, as the case may be. Each renewal will be intimated to you via an email prompt and/or a telephonic reminder. All renewals will require your authorization. In the case of cheque and cash payments, our Cash In Transit couriers will have the same collected from you by prior appointment.
The membership request queue is a customized personal list of titles you would like to watch. You must have at least 15 movies in your request queue for your account to be considered operational and serviceable.
We use the services of our in house courier service and in certain cases of courier service companies, to deliver and pick up the discs you have selected to watch. Actual delivery times may vary for you depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order and (iv) circumstances impacting delivery by the Courier Service.
All discs will be delivered to you and picked up from you. Please note that in the case of a DVD you receive 1 disc and in the case of a VCD you receive 2 discs. In certain exceptional cases with movies of extraordinary length we will courier you the additional VCD wherever applicable. All discs are bar coded and encased in a plastic protective sleeve, which in turn are enclosed in protective plastic boxes.
We try to the extent possible to offer you the following day delivery service for all orders placed before 4 pm of the previous day, with the exception of Sunday.
Online members with a 4 DVDs a month (fixed) membership plan all deliveries will be made by 6 pm on the day of their choice while pick up will be done the following day between 10 am and 6 pm except for deliveries done on Saturday, in which case the pick up will be done on Monday between 10 am and 6 pm by default. For online members with a 8 DVDs a month (fixed) membership plan all deliveries will be made by 6 pm on the day of their choice while pick up will be done 3 days thereafter between 10 am and 6 pm by default. Members who fail to return a disc within the specified time frame (no later than 3 days) will be charged a late fee of Rs 50 per day for every day beyond the third day, unless and until the disc is returned.
Online members with unlimited monthly membership plans are entitled to keep 1 title or 2 titles, as per their plan, for a maximum period of 7 days counting the day of delivery as the first day. So for example, if a member were to receive a movie on Tuesday evening, our courier service will pick up the same the following Monday by default between 10 am and 6 pm. However, if a movie is delivered to a member on a Monday, our courier service will pick up the same on the following Saturday between 10 am and 6 pm. Deliveries and pick-ups will not be done on Sunday. The definition of day refers to a day date calendar and not a 24 hour period. Courier pick-ups / deliveries will be done only once in the given time slot and will not return again in the event of the disc not being available / no authorized person to accept the disc. If a disc is not returned, it will be treated as a new order in the case of members with fixed (4 DVDs and 8 DVDs) membership plans. Online members with unlimited membership plans can request for a pick up of a title/s with them and receive their next title/s from their membership request queue for the following day by emailing courier@clixflix.com or sending an sms FLIX PU TO 7575 before 5 pm the previous day. Online members with unlimited membership plans who fail to return a disc within the specified time frame (no later than 3 or 7 days as the case may be) will be charged a late fee of Rs 50 per day for every day beyond the seventh day, unless and until the disc is returned.
All members are entitled to borrow a disc overnight. We offer a complimentary courier service. Our courier service will deliver / pick up discs between 11 am and 11 pm and will make 1 delivery / pick-up per transaction. All titles borrowed are due to be returned the following day by default except when indicated as per the membership plan or the member if applicable. The definition of day refers to a day date calendar and not always a 24 hour period. Members who fail to return a title within the specified time frame (the following day) will be charged a late fee of Rs 50 per day per title for every subsequent day, unless and until the disc is returned. The onus to return a title rests with the member.
Clixflix reserves the right to request return of any and all DVDs and or VCDs in the possession of Members at any time. Members understand and agree to promptly return any DVDs and or VCDs to Clixflix upon request, and that failure to do so within five (5) days of request makes Members liable for the cost of those DVDs and or VCDs plus 50% of that cost as a handling charge, for which Clixflix reserves the right to charge Member's refundable security deposit and/or produce an invoice which is payable by the member on producing of the same.
All discs sent to you have been checked to be in a working condition prior to dispatch. Upon receipt of the discs, you must ensure that the same is playable on your respective player. Any anomaly, if found, must be reported to our courier executive. Failure to check and or report the same will be constituted as your having received a playable disc. At the time of pick up, our courier executive will check for any scratches or damages to the disc and will intimate you accordingly. Upon receipt of the disc, we will verify the same.
In the event of a disc being damaged, we will contact you and intimate you about the same. The determination of a disc being "damaged" will be at the sole discretion of Clixflix. Accordingly, we will charge you Rs 500 per VCD title (which includes even 1 damaged disc from a set of 2 or 3 discs) and Rs 1500 per DVD title. All such damage charges will be chargeable against your refundable security deposit or on demand as the case may be. A top up of the refundable security deposit will be required on the 1st of the following month failing which your membership will be terminated.
We refund your security deposit after ensuring all outstanding charges applicable have been processed. We issue a bank cheque within fifteen working days in the name of the member as appears at the time of registration. The check will be couriered to the address as provided at the time of registration or as last appended prior to the commencement of your last billing cycle.
You may cancel your membership with Clixflix at anytime. To cancel, click the "My Account" section and follow the instructions under the heading "Cancel My Membership." We do not provide refunds or credits for any partial monthly membership periods. Upon cancellation, you will be given two (2) days to return any outstanding discs including 1 day to allow for courier pick up. Failure to return such discs will result in your Refundable Security Deposit being billed for such items.
You may cancel your membership with Clixflix at anytime. To cancel, click the "My Account" section and follow the instructions under the heading "Cancel My Membership." Alternatively, you may cancel your membership by providing the same in writing and delivering the same to your registered store. The used portion of the membership will be charged on the 'One-Off' rates and the balance refundable. . We issue a bank cheque within fifteen working days in the name of the member as appears at the time of registration. Upon cancellation, you will be given two (2) days to return any outstanding discs including 1 day to allow for courier pick up. Failure to return such discs will be charged to your membership plan.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
The Clixflix Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Clixflix Web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Clixflix Web site, any failures, delays, or interruptions in the shipment of discs, delivery of any content contained on the Clixflix Web site, any losses or damages arising from the use of the content provided on the Clixflix Web site, or any conduct by users of the Clixflix Web site. We reserve the right to ship discs at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Clixflix, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. These Terms Of Use and the relationship between a member and Clixflix shall be governed by the laws of the State of Maharashtra. Members and Clixflix agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Mumbai, Maharashtra, India.
All content included on the Clixflix Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Clixflix Entertainment (I) Pvt Ltd. or its suppliers and is protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of Clixflix Entertainment (I) Pvt Ltd. and protected by Indian and international copyright laws. They should not be reproduced or used without express written permission from Clixflix Entertainment (I) Pvt Ltd .
Clixflix is a registered trademark of Clixflix Entertainment (I) Pvt Ltd. Clixflix.com and other marks indicated on our site are trademarks of Clixflix Entertainment (I) Pvt Ltd. All Clixflix graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Clixflix Entertainment (I) Pvt Ltd. Clixflix's trademarks and trade dress may not be used in connection with any product or service that is not Clixflix's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Clixflix. All other trademarks not owned by Clixflix that appear on the Clixflix Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Clixflix. Any images of persons or personalities contained on the Clixflix Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
We distribute movies, television, and other filmed entertainment. In addition, the Clixflix Web site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Clixflix Web site are those of the respective authors or producers and not of Clixflix Entertainment (I) Pvt Ltd. or its shareholders, directors, officers, or employees. Under no circumstances shall Clixflix Entertainment (I) Pvt Ltd. or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Clixflix Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Clixflix Web site.
By accessing the Clixflix Web site, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Clixflix Web site. You also agree not to interfere with the servers or networks connected to the Clixflix Web site or to violate any of the procedures, policies or regulations of networks connected to the Clixflix Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Clixflix Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Clixflix Web site for any unlawful purpose.
You must be 18 years of age or older to avail of the Clixflix service. Clixflix will not be responsible for your failure to adhere to the same or for false misrepresentation of your age. Your DVD player must be a Multi Region player. DVDs and/or VCDs provided to members are for the specific purpose of private home viewing only. DVDs and/or VCDs sent out to members will be chargeable against their membership fee at the time of dispatch from our shipping centers. Unless otherwise specified, the content on the Clixflix Web site is for your personal and non-commercial use and we grant you a limited license to access the Clixflix Web site for that purpose only. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Clixflix Web site without our express written consent. Any unauthorized use of the Clixflix Web site or its contents will terminate the limited license granted by us.
Clixflix Entertainment (I) Pvt Ltd. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Clixflix, including, without limitation, responses to questionnaires or through postings to the Clixflix Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Clixflix Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a non exclusive, royalty-free license to display, use, reproduce or modify that information.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Some of the hyperlinks on the Clixflix Web site may lead to other Web sites that are not controlled by, or affiliated with, Clixflix Entertainment (I) Pvt Ltd. In addition, other Web sites may link to the Clixflix Web site. Clixflix Entertainment (I) Pvt Ltd has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.