Terms & Conditions

Garage Entertainment Terms & Conditions

  • 1 Introduction
    • 1.1 Services

Garage Entertainment Aust Pty Limited ("Garage" “Garage Entertainment” "we", "us" or "our") provides a way for you to watch films, television programmes and other audio visual content ("Content") via:

      • the following digital delivery services (collectively the Digital Delivery Services"):
        • our standard subscription and transactional digital delivery service consisting of a selection of Content that can be delivered to Approved Devices within the territory ("Standard Digital Delivery Service"); and
        • selected other subscription and transactional digital delivery services featuring a specialised selection of Content that can be delivered to Partner Approved Digital Delivery Devices within the territory ("Partner Digital Delivery Services"), noting that Partner Approved Digital Delivery Devices are specific to the Partner (by way of example, a subscriber to the Garage Channel on Sony Bravia will only be able to access that channel subscription through approved Sony devices as may be defined at the time, and may require management of devices on partner websites);

 

    • 1.2 Your access to the Services is subject to you:
      • paying an agreed regular fee (with the exception of during a free-trial or promoton period) for the Standard Digital Delivery Service, Partner Digital Delivery Services, or any bundle of these Services; and/or
      • paying an agreed fee for one off Content transactions ("Transaction Fee"), which includes purchasing PPV (pay-per-view) Content using the PPV Digital Delivery Service, in accordance with the pricing information set out on the Pricing & Packages information provided at point of transaction.
      • becoming a Member in accordance with clause 2; and
      • agreeing to these terms and conditions ("Terms and Conditions");

 

    • 1.3 Terms and Conditions

These Terms and Conditions apply to your use of the Garage Service(s), your use of the Garage Entertainment Website and the Garage Interfaces (as defined in clause 7.1).  You should read these Terms and Conditions before using the Services. These Terms and Conditions as updated from time to time will apply to your use of the Services, the Garage Interfaces and access of the Garage Website.

 

    • 1.4 Changes to Terms & Conditions
      • Garage can change these Terms and Conditions at any time provided that we notify you by email (to the email address you provide us on sign up), of any material updates to these Terms and Conditions. If we do so you may choose to cancel the Service in accordance with clause 6.2 if the change makes you materially worse off.
      • The most current version of the Terms and Conditions supersedes and replaces all previous versions and is available at "the Terms and Conditions" hyperlink located at the bottom of each page of the Garage Entertainment Website.

 

  • 2 Eligibility to be a Garage Member and Service User
    • To be a Garage member ("Member") you must be at least 18 years of age and have a valid email address that you provide to us and keep current.
    • To be a user of the Services ("Service User") you must create a membership and have a valid credit card.
    • Service Users may use one or more of the Services in accordance with these Terms and Conditions.

 

  • 3 Service Details
    • 3.1 Access to Content on the Digital Delivery Services:
      • Subject to availability, the Digital Delivery Service can be accessed on internet protocol enabled devices ("Approved Streaming Devices"):
      • You acknowledge that the Standard Digital Delivery Service may not work on all internet protocol enabled devices, such that some device manufacturers may implement their own proprietary operating system and player technology which restricts the implementation of the Garage service. You are responsible for ensuring that you are able to access the Standard Digital Delivery Service through your individual internet protocol enabled device.
      • Access to certain Partner Digital Delivery Services may be dependent on Service Users having subscribed to the Standard Digital Delivery Service, or registering through partner / affiliate devices and or programs.
      • The Digital Delivery Services authorise you to watch the available Content on an unlimited basis (a subscription service) during a given calendar payment cycle (limits may be set to a level above that of reasonable customers viewing habits) and as such, any use of the expression “unlimited” or similar such claims by Garage Entertainment are used in respect of the content being unlimited to the extent that Garage may deem the usage to be in breach of the terms and conditions and as such a cap may be applied for such control purposes. 
      • The Content available through the Standard Digital Delivery Service and each Partner Digital Delivery Service may differ and may vary from day to day.
      • The Content available through the Standard Digital Delivery Service and the Partner Digital Delivery Services may differ to the Content available through Garage Entertainment on DVD or other services offered by Garage.
      • Certain content on the Digital Delivery Services may be restricted to one or more territories within the approved territories list, and Garage Entertainment employs geo-filtering technology such that if you are located outside of the approved territories or certain content has territory limitations, you will not be able to access such Content via one or more of the Digital Delivery Services.
      • You acknowledge that delivery of Content via the internet may involve significant internet usage. The payments you make for any Digital Delivery Services do not include any charges for internet usage. You are solely responsible for any internet usage or access charges that your internet service provider (ISP) may apply in relation to delivery of any Content you access as part of your Service or any trial basis.
      • You acknowledge that your ability to watch Content and the quality of the digital delivery is affected by many factors including the specifications of the device through which you are viewing the Content, the internet connection (including the speed of data streaming, uploading and downloading) through which the Content is being digitally delivered, other tasks that your device is performing whilst the Content is being delivered as well as the amount of other traffic on the network at the time you are watching the Content.
    • 3.2 Payment Information
      • Details of the pricing for all the Services can be viewed on the Garage Service.
      • We will notify you by email at least 30 days in advance of any change in the fees for your Subscription Package. You will have the option of accepting the change, moving to another Subscription Package or cancelling the Subscription Package. If you do not move to another Subscription Package or cancel the Subscription Package, we will charge your credit/debit card or your PayPal account at the new fee from the start of your next payment cycle.
      • If you are a subscriber to a Partner Digital delivery Service, Garage may offer you the ability to become a subscriber to the Standard Digital Delivery Service at a price which will be determined at Garage’s discretion. Such offer may also become available in reverse, such that a Standard Digital Delivery Service subscriber may be offered the option to add a partner to their Subscription package, at a price to be determined at the sole discretion of Garage.
    • 3.3 Free Trials and Promotional Offers:
      • Free trials of the Services may be offered to eligible new Service Users from time to time. Garage will determine if you are entitled to a free trial of a Service.
      • Garage may charge for free trials and promotional offers based on the standard fee for the Service if we consider that the trial or promotional offer is being abused.
      • The duration of any free trial or promotional offer may vary and will be displayed on the Garage Website for new Service Users and/or communicated directly to existing Service Users via the Website or email communications.
      • If during a free trial or promotional offering you decide to cancel your subscription, then the cancellation becomes effective immediately.
      • If you become a paying subscriber of a Subscription Package after a free trial or promotional offer, a once-off Subscription Package Joining Fee (as listed on the Webpage) may be charged at the beginning of your first payment cycle. It is your responsibility to know when your free trial or promotional offer of a Service ends, and to cancel your free trial or promotional offer if you do not wish to become a paying subscriber of the relevant Subscription Package. In some cases you will be able to cancel your trial or promotional offer online, in others you will need to contact us via the "contact us" page on the Garage Entertainment website–  If you do not cancel your free trial or promotional offer within the free trial or promotional period, you will be billed your first subscription fee at the end of your free trial or promotional offer for the subscription fees for the relevant Subscription Package.
      • We reserve the right not to offer, refuse, or cancel a free trial or promotional offer. These offers are limited to one per person, one per household and one per credit/debit card and cannot be combined with any other offer. We reserve the right to charge a subscription fee to your credit/debit card where you have exceeded this limit based on the subscription fee for the Subscription Package related to the free trial or promotional offer.
      • Except to the extent otherwise stated in a free trial or promotional offer, if you have previously been a Service User you will not qualify for a free trial or any promotional offers for the Services, and if you select a Subscription Package you will be charged the first monthly payment, or other as may be determined by Garage, and communicated effectively at point of purchase,  immediately for the Subscription Package you have selected.
    • 3.4 Gift Vouchers:
      • You may purchase a Gift Voucher from the Garage Website for another person or yourself. To purchase a Gift Voucher, you must be at least 18 years of age, have a valid credit/debit card and an email address.
      • If you have been given a Gift Voucher, you can only redeem it through the Garage Website within the allocated time period from the purchase date (as may be stated at the checkout) or time period stated on the voucher, whichever is earlier. Gift Vouchers cannot be exchanged for cash.
      • Where a Gift Voucher provides you with a Subscription Package, at the end of the Gift Voucher subscription period Garage will charge the standard subscription fee for the Subscription Package to your credit/debit card until such time that you cancel your Subscription Package. Should you decide not to continue with your Gift Voucher Subscription Package beyond the Gift Voucher subscription period, you must cancel your Subscription Package prior to the end of the Gift Voucher subscription period.
    • 3.5 Restrictions on the use of the Services and Content:
      • You must comply with the Usage Rules set out in clause 9;
      • You must not use the Services, the Garage Website, the Garage Interfaces, or display, access or transmit the Content made available to you in a manner which results in you or a third party breaching any laws (including by infringing any person’s intellectual property rights or by breaching these Terms and Conditions);
      • You must not and must not permit, authorise or assist any other person to stream, download, broadcast, display, communicate or re-transmit the Content made available to you:
        • to the public or in a public area;
        • to a device other than an Approved Digital Delivery Device (if you are using the Standard Digital Delivery Service or Partner Digital Delivery Services);
        • for a commercial purpose.
      • You must not and must not permit, authorise or assist any other person to remove or interfere with any copyright notices or digital rights management software or restrictions (including territorial) connected to the Content made available to you;
      • You must only, and ensure that others only, watch Content made available to you for personal, private use;
      • You must not, and must not permit, authorise or assist any other person to reverse engineer, create derivative works of, modify, disable or alter the Services, Content, the Garage Website or the Garage Interfaces made available to you or any security, encryption or anti-piracy software or technology included in the Service or Content; and
      • You must not, and must not permit, authorise or assist any other person to copy, reproduce, broadcast or communicate to the public the Content, except as expressly permitted in these terms and conditions.
      • You acknowledge that there may be restrictions on your ability to stop, rewind and replay Content that you watch as part of the Digital Delivery Services and that you may only have access to certain Content within a set period of time.

 

  • 4 Payment
    • We will charge your credit/debit card or PayPal account with the fee for your Subscription Package at the start of the initial period, subject always to any free-trials, promotions or gift cards which may be utilised at the time. We will continue to charge your credit/debit card or PayPal account every calendar month after the initial period, free-trial, promotion period or gift card use, until you cancel your subscription.
    • We will charge your credit/debit card or PayPal account with any Transaction Fees at the time of purchase.
    • Unless specifically stated otherwise, all amounts or fees in relation to the Services are GST inclusive (where appropriate) and are in Australian Dollars (AUD)

 

  • 5 Your Information
    • Please contact us via the "Contact Us" page for any issues or change requests, and we will assist you accordingly.

 

  • 6 Changing, Terminating or suspending your Subscription Package
    • If you have subscribed or transacted through a Partner Digital Delivery Services you may be able to cancel or amend your Subscription Package through that service mechanism. Otherwise you can go to the "My Account" section of hte Standard Digital Delivery Service and make all necessary cancellation or changes there.
    • If you request changes or cancellation via email you may be requested to provide proof of identity, and a confirmation email may be sent to you in which you can confirm your decision to change or cancel, and upon acceptance of your identification, you then empower Garage to make the changes or cancellation on your behalf.
    • If you cancel your Subscription Package your cancellation is effective at the end of a payment cycle, unless you cancel as a result of us changing these Terms and Conditions in a way which makes you materially worse off in which case the cancellation will be effective when the change to these Terms and Conditions is effective.
    • We reserve the right to suspend or cancel your access to Services and your Membership if we have reasonable grounds to suspect that your Member or Service User information is incorrect, inaccurate or incomplete or there has been unauthorised access of your account.
    • We reserve the right to terminate or restrict your use of the Service if:
      • you are in breach of this agreement;
      • you are using or accessing the Services or the Garage Interfaces for a commercial, non private use;
      • you are in breach of the Usage Rules set out in clause 9;
      • we consider it necessary for security, copyright protection or anti-piracy reasons;
      • with 30 days prior written notice, for any or no reason whatsoever;

 

  • 7 Intellectual Property
    • All content on or available through the Garage Digital Delivery Services (including the Content) and all Garage interfaces created for devices including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation ("Garage Interfaces") is the property of Garage or its suppliers and is protected by Australian and international copyright laws.
    • Unless otherwise specified, the Services, Garage Interfaces and all Content accessed via the Services is for your personal and non-commercial use and we grant you a limited licence to access the Garage Digital delivery Services and Garage Interfaces and the Content for that purpose. You may not download (other than through temporary 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 Content or any information contained on, or obtained from, the Garage Digital Delivery Services or Garage Interfaces or via the Services without our express written consent. Except for rights expressly granted to you, all rights in the Content are reserved by us or our licensors and your licence to the Content terminates upon breach by you of these Terms and Conditions.

 

    • 7.1 Copyright

We take copyright infringement of our or our licensors copyright very seriously. You must not copy, reproduce, communicate to the public, transmit, broadcast the Garage Digital Delivery Services, Garage Interfaces or any Content accessed via the Services. We reserve the right to take all steps necessary to prevent the unauthorised distribution, copying, reproduction, broadcasting or communication of the Content.

    • 7.2 Trademark

"Garage" is a trademark of Garage Entertainment Aust Pty Limited. All Garage graphics, logos, page headers, button icons, scripts and Service names are trademarks of Garage. Garage's trademarks may not be used in connection with any product or Service other than that of Garage. All other trademarks not owned by Garage that appear on the Garage Website or are accessible via the Service are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Garage.

    • 7.3 Member generated content
      • We permit Members to post content or information such as movie reviews via one or more of the Garage Digital Delivery Services and Garage Interfaces in accordance with the procedures established on the Website and Garage Interfaces, provided that such content is not illegal, obscene, threatening, defamatory or infringes any person’s rights (including intellectual property rights) or is otherwise objectionable to us. By posting any content or information on the Services and Garage Interfaces, you grant us a nonexclusive, perpetual, irrevocable, royalty-free licence to display, use, reproduce, sub-licence or modify, adapt and communicate to the public that information. In posting such content or information, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. You also agree to indemnify Garage, its subsidiaries, shareholders, directors, officers or employees ("indemnified party") from and against any loss, damage, liability, costs or expenses the indemnified party suffers or incurs in connection with any content or information posted on the Garage Digital Delivery Services and Garage Interfaces or any other information you provide to us. We reserve the right to remove or edit such content at any time without notice.
      • Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Garage Digital delivery Services and Interfaces are those of the respective authors or producers and not of Garage or its shareholders, directors, officers or employees. To the extent permitted by applicable laws, under no circumstances shall Garage 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 Services and Garage Interfaces. It is your responsibility to evaluate the information, opinion, advice or other content available through the Services and Garage Interfaces.
    • 7.4 Links

Some of the hyperlinks on the Garage Website may lead to other websites or interfaces that are not controlled by or affiliated with Garage. In addition, other websites or interfaces may link to Garage Website and Interfaces. Garage has not reviewed such websites or interfaces and is not responsible for their content or privacy policies.

  • 8 Limitations on liability
    • Other than as specified expressly in these Terms and Conditions and subject to your rights under statutory guarantees provided under consumer protection laws that cannot be 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 Garage Digital Delivery Services and Interfaces except to the extent that such liability cannot be excluded by law.
    • Except for the express warranties set out in these Terms and Conditions and your rights under statutory guarantees provided under consumer protection laws, Garage provides no warranties or guarantees to you (including in relation to Garage provision of the Services or the Garage Interfaces or the performance of the Services).
    • Whilst we use due care and skill in relation to the provision of the Digital Delivery Services, the Website and the Garage Interfaces, Garage does not warrant or guarantee that the Services, Website or Garage Interfaces will be free from errors or will be provided to you within a particular time.

 

  • 9 Usage Rules
    • 9.1 General Usage Rules

These rules apply to your access of Content on IP connected Approved Digital Delivery Devices or PPV Approved Digital Delivery Devices ("Approved Devices"):

      • You must be an active Service User prior to accessing the Content, except for any free content (trailers etc) which may be available from time to time, however Garage reserves the right to request some registration in order to watch Free content.
      • All Content delivered to Approved Devices will be Digital Delivered only and must not be downloaded (save for any temporary buffer which may be required to overcome variations in bandwidth, such as progressive downloads) and must not be transferred between devices.
      • At any one time, no more than the set number of Approved Devices can be simultaneously used to stream Content to the one account holder, with the set number to be at the discretion of Garage.
    • 9.2 Registration of Devices

Garage may require users to register devices, which will be at the discretion of Garage.

      • Upon implementation from Garage, each Service User may register up to the defined unique Approved Devices for Digitally Delivering Content to their account ("Unique Devices"). A Unique Device may only be registered to one (1) Service User’s account at any given time.
      • Subject to the limit set forth in paragraph (a) above, a Service User may elect to deregister any given Unique Device from their account and register additional Unique Devices to their account at any time.
      • Upon deregistration of any given Unique Device from a Service User’s account, such device may no longer receive and/or playback any Content for that Service User.

 

  • 10 General Terms
    • 10.1 Assignment

We may assign any or all of our rights and obligations pursuant to these Terms and Conditions without the need to obtain your consent.

    • 10.2 Privacy

Garage collects, stores, uses and discloses personal information in accordance with its "Privacy policy". You agree to be bound by our "Privacy policy".

    • 10.3 Applicable law

Your use of this site and the Digital Delivery Services is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

 

Specific Terms and Conditions for The GARAGE STORE:

Refer to the Refund and Returns Policy on this site.

 

 

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