Terms & Conditions

Cloudkey Technologies
Terms of Use

Please read these terms and conditions carefully before using the video on demand streaming service operated by Cloudkey Technnologies Pty Ltd T/A Cloudkey.  They contain important information about your rights and obligations.  You can print out these terms and conditions by clicking on the print icon on your web browser.

1. Introduction

1.1. If you wish to purchase videos or view full titles for free you must register to become a member and you will then be subject to these terms and conditions.

1.2. By clicking on the ‘I Accept’ box clearly shown on our website you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.

1.3. If you do not wish to be bound by these terms and conditions then you may not use our Cloudkey Apps

2. Disclaimer

Cloudkey provides software as a service for independent third party video content owners and distributors to publish promote and sell video products to end users who access content via the Cloudkey Apps.  While we endeavor in good faith to ensure that our Publishers promote and sell their video product accurately and according to law, Cloudkey Technologies and its related bodies do not make any representation or warranty as to the accuracy or completeness of the information provided by Publishers in respect to their products.

To the fullest extent permitted by applicable law, Cloudkey Technologies disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Cloudkey Technologies makes no warranty that its service or any information or ideas accessed via the service will meet your requirements.

You expressly acknowledge and agree that Cloudkey Technologies does not control the Publishers and other users of this service, and is therefore not liable for their opinions or their behavior, including the lawfulness of their actions and any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

3. The Services Available via the Cloudkey Apps

3.1. These terms and conditions govern your use of the Cloudkey service at all times.

3.2. Once you become a registered member you may stream the videos for the period specified in the purchase subject to the restrictions as specified by the Publishers sale page at time of purchase

3.3 Videos are made available via the Cloudkey Native Apps for IOS, Android and desktop (Mac and PC) operating systems.  You can use any Cloudkey native Apps to stream the Film to up to 3 devices that are authenticated and registered to your account.  You can de-register a device in order to enable a new device but you can only do this once a month.  We do not take responsibility for devices that have been inactivated or for device limitations brought about due to misuse of the system.

3.4 All Videos made available by Cloudkey have limited access (rental).  If you decide to rent, the Videos will only be made available to stream and you can view such streamed Videos on any device where the Cloudkey App is both available and installed, for the period of time, for the specified number of occasions, and for the price as detailed on the Publishers sale page

3.5 You can view certain free content. Videos which are made available for free may only be streamed and may contain advertisement pre rolls;

3.6 We may offer gift vouchers in the form of electronic codes, together with discount offers from time to time.  Such vouchers may be made available to permit the viewing of videos to the value of the voucher awarded;

3.7 We publish a newsletter for those members who wish to receive the same by expressly requesting receipt.

4. Modifications to the Cloudkey Service

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or new features shall be subject to these terms and conditions.

We will determine in our sole discretion from time to time which devices are compatible to receive a license to view the Videos and we will display this information on our website.

5. Information You Provide To Us And The Data Protection Act

Your privacy is important to us and we will only use the information we collect about you in accordance with the prevailing law. We collect information about you for two reasons, firstly to process your registration and secondly, to provide you with an excellent service. The following applies to any information you provide to us.

You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’).

If you send us personal correspondence such as emails then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’).  All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.

You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, an address and other requested details.  For more information about how we deal with your Personal Information, please read our Privacy Policy.

We may use technology to establish patterns of behaviour of participants to our website.  This includes the use of ‘cookies’ which are stored on your browser. When you visit the Cloudkey website the cookies will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.  You can modify your browser to prevent such tracking.

By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes.   Please review our full Privacy policy @ www.cloudkeytechnologies.com.au/eutcprivacy.  If you would like to review or modify any part of your Personal Information then you should e-mail us at privacy@cloudkeytechnologies.com.  Use of our service implies acceptance in full of our privacy policy.

You undertake that you will not use our service for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting, linking to or transmitting of any libellous, defamatory, inflammatory or obscene material.  If you breach these terms and conditions then your permission to use our service terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

6. Your Use Of The Cloudkey Website And Your Security Obligations

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you when you join our website.  You may not share these with or transfer them to any third parties.  You must notify us immediately of any unauthorised use of them or breach of security regarding our website that comes to your attention.  You are also solely responsible for restricting access to your computer.

You must not impersonate any other person while using our services

7. No refunds

All payments made via the Cloudkey Service are direct transactions between you and the Publishers.  You thereby acknowledge and accept that Cloudkey takes no responsibility for purchases made via its Service and is not responsible for any refund obligations whatsoever.  Where a refund obligation is required under law you the obligation is directly that of the Publisher of the content

8. Membership password

Your account is password protected via a password you set up securely. In respect of your log in rights or account with us:

  • you must keep it safe, secure and out of the hands of any unauthorised person
  • if you become aware that it is known to any unauthorised person, you must change it without delay
  • we are entitled to assume that anyone who holds it is you, or is acting as your authorised agent, and you are bound accordingly.

We do not authorise you to permit another person to use your account. If you nonetheless do so, you are liable for everything that person does, and all charges they incur.

9. Account not transferable

You may not transfer your account to, or share it with, anyone else.

10.  Limitations on the Service

You acknowledge that streaming of content via the internet may involve significant internet usage. The payments you make for the Streaming 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 may apply in relation to streaming any Content you access as part of your Service or on a trial basis.

You acknowledge that your ability to stream content and the quality of the streaming 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 uploading and downloading) through which the Content is streamed, other tasks that your device is performing whilst the Content is streaming as well as the amount of other traffic on the network at the time you are streaming the Content

You also acknowledge that content may not be immediately available for streaming once you have selected it.

11. How To Join The Cloudkey Service

If you wish to join the Cloudkey service you must satisfy the following criteria:

You must be at least sixteen (16) years of age. If you under 16 you are not permitted to join Cloudkey.

You must provide us with personal details which includes your name, email address, postal address and (where appropriate) valid payment method(s) which are true and correct. You must update this information and notify us of any changes.

12. Intellectual Property Rights

12,1 The content provided by our service is a copyright of our respective publishers.  Their works are protected by international copyright laws and other intellectual property rights. All product and company names and logos mentioned in our website are trademarks, service marks or trading names of their respective owners, including us.

You may stream movies from Cloudkey for the sole purpose of viewing the same for private use.  You must not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any Videos, material or other information on or downloaded from our website including but not limited to the video, music, text, graphics, messages, codes and/or software.  If you do any of the above you are breaking the law and infringing the copyright of the various copyright holders. We will not be responsible for your actions.

12.2 Any Intellectual property rights which we grant to you via our website or in these terms and conditions to enable you to stream the Videos are granted simply as a means for you to view the Videos.  They do not constitute a grant or waiver whether implied or otherwise, of any rights of the copyright owners in any audio or video content contained within the Videos.

13.  MA15+/R 18+ Content

We go to reasonable measures to restrict access to Content that is classified as R 18+. You are responsible for ensuring that:

Content classified as R 18+ or equivalent is not viewed or accessed by those under the age of 18; and

Content classified as MA15+ or equivalent is not viewed or accessed by those under the age of 15 without a parent or guardian present.

14 Un-used entitlements

If you do not use up all of your entitlements, for example you are not entitled to any credit, carry over benefit or refund. The unused entitlements expire.

15. Checking your account

You are responsible for keeping track of orders, receipts and personal details on your account.

16. You must respect the security of our service and the computers that host it

You must not attempt to access or use our services except via a device in the manner it has been designed to be accessed and used.

You must not attempt to access any area of our service that you are not authorised to access.

You must not do anything that is likely to harm or damage our service and the computers that host it.

You must not attempt to upload any script or other executable content to our service or the computers that host it.

You must comply with any security guidelines or directions we issue, either to you in particular or to users generally.

17. We may publish or republish any testimonial you submit to us
18. We don’t endorse any external websites that we link to, or that link to us.

Our website may contain links to websites or services published or operated by third parties. We do not control those sites or services and we do not accept any responsibility for their content or reliability. We do not endorse them.

We are never liable to you or anyone else for any decision you make or action you take in reliance on any information on (or omitted from) a linked website or service.

19. You are solely responsible for keeping viruses, worms, trojans, etc out of your computers.

There are many viruses, worms, trojans and other malicious code on the Internet and transferred over it. You must use the Internet and our website at your own risk.

We do not warrant that that files or code available for downloading through our website will be free of infection or viruses, worms, trojans and other malicious code.

You must implement sufficient antiviral and other protective measures for your computers, network and data to keep them safe and secure.

We are never liable to you or anyone else for harm or loss caused by any viruses, worms, trojans or other malicious code that you download from the Internet, including our website.

20. Availability Of Our Service

We will try to make our service is available but cannot guarantee that it will operate continuously without interruptions or be error free and can accept no liability for its unavailability.

21. Our Liability To You

Save as otherwise required by any statutory provision, we exclude all express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any videos, material or information accessed by using our service.

We will do our best to ensure that all materials and information provided by our publishers is accurate, but please note that all content, materials and information accessed via our Service is provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.

You are responsible for ensuring that devices used to access our services meet all relevant technical specifications necessary to use our System including sufficient connectivity and bandwidth and is compatible with our service. We cannot specify particular requirements which may vary. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Neither we nor our shareholders, directors, officers, employees or agents shall be liable whether jointly or severably to you or any third party for any indirect, special, incidental or consequential loss or damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with the use or performance of our services shall be limited to the sum of One Dollar $1.00

The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

22 How We May Terminate Or Restrict Your Use Of The Cloudkey Service

We reserve the right to terminate or otherwise restrict your use of the Cloudkey service for any reason whatsoever, including by not limited to the reasons below.  This may include where we believe that you are in breach of any of your obligations under these terms and conditions. you do not satisfy the account qualifications at any time

  • the information you have given us was false when you gave it
  • the information on the registration page is or becomes false or incomplete
  • your email account ceases to work, or email to you ‘bounces’
  • we telephone your contact number and are advised it is a ‘stale’ or wrong number
  • you abuse our staff personally or by email or telephone or live chat
  • you breach these rules in a serious way
  • you breach these rules on more than one occasion
  • a credit card (or other payment method we accept) transaction on your account is declined
  • a credit card transaction (or other payment method we accept) on your account is reversed without our prior agreement

If we do terminate as a result of a breach of any obligation under these terms and conditions such termination will be immediate and without notice. If we terminate your use of the Cloudkey service for any other reason then we will give you thirty (30) days notice of such termination.

23. General

23.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. However, the terms and conditions are personal to you and you agree to them purely for your own benefit and not for the benefit of any other party.

23.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

23.3 These terms and conditions together with the Privacy Policy are the whole agreement between us. You acknowledge that you have not entered into these terms and conditions in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions or privacy policy.

23.4 Your membership to Cloudkey  is non-transferable and cannot be sold or traded in any manner.

23.5 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

23.6 These terms and conditions and your use of our website are governed by Australian Law as governed in the State of Victoria

23.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

23.8 No partnership or agency is created by your joining Cloudkey and neither party shall represent otherwise.

23.9 Neither you or Cloudkey shall bring any proceedings against the other in respect of these terms and conditions unless the party intending to bring proceedings first makes a bona fide offer to participate immediately in a mediation conducted by a mutually agreed third party or a certified mediator and the other party has declined such offer. The costs of the mediator shall be borne by the party intending to bring proceedings but shall be subject to the mediation in any event. This clause shall not apply to the extent that one party requires immediate injunctive relief to protect its interests hereunder.

24. Invalid parts of these rules must be read down.

If anything in these rules is invalid, unlawful or unenforceable it must be read down, to the point of severance if necessary, so as to render it and these rules lawful; and the rest of these rules continue in full force.

25. No lapse

Our rights do not lapse just because we don’t enforce them on one or more occasions.

26. Notices

All notices shall be given to us via admin@cloudkeytechnologies.com.   

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.

Please click on the ‘I Accept’ box clearly shown on our website to confirm your acceptance of these terms and conditions.

Cloudkey Privacy Policy

Cloudkey Technologies respects the privacy of its users. This Privacy policy is intended to inform you about how we collect, use and disclose your personal and non personal information and the extent to which you may control the collection and use of that information.

When using Cloudkey Services you automatically agree to the terms and conditions of this Privacy Policy.  If you do not agree with the terms and conditions of this policy then do not proceed to use the services provided by Cloudkey Technologies.

Cloudkey Technologies reserves the right to update or make changes to this Privacy Policy as required, at its sole discretion, without prior notice.  Your continued use of Cloudkey Services constitutes your acknowledgement and agreement with any existing, new or revised policies.

Information we collect:

We collect information about you that you voluntarily provide to us directly through our services.  This information may include your personal name, company name, telephone number, email address, language, country or location.  We ask this information from you in order to create your Cloudkey Account.  It is used to deliver the products and services we offer.

We may use “cookies” or other tracking technologies to collect information about your online activity such as your preferences, settings, IP address, the date and time you log onto the site, device type, device name, web pages you visit, content viewed, total viewing time spent on a single video and any other clickstream data.  If you do not want this type of information collected, you may choose to block or decline these technologies with your browser.  Please be aware, in doing so, certain parts of the Cloudkey service may not function properly.

If you choose to offer a programme or video for sale via Cloudkey, we ask you to set up an account with Stripe Payment Service (https://stripe.com).  Stripe is a third party payment service independent of Cloudkey Technologies Pty Ltd.  Cloudkey Technologies does not collect or store any personal financial information in connection with your purchases.

Stripe process payments and complete all financial transactions for services offered by Cloudkey Technologies on behalf of Cloudkey Technologies.  In order to use Cloudkey services you will need to establish an account with Stripe and accept their terms and conditions of use as stated on their website.

Use of this Information:

The information we collect from you is used to provide the products and services that you have requested through our website.  It helps us to effectively manage your account and provide customer support.  It also helps us to research and analyse your use and interest in certain products and services so that we can make improvements that ultimately benefit you.

We also use the information for promotional and marketing purposes.  We will communicate with you via email or mobile device using push notifications about products and services that may be of interest to you.  If you do not wish us to use your personal information for this purpose, you may request at any time to opt out of receiving such communications by writing to us at privacy@cloudkeytechnologies.com.  Please be aware, however, that you may not opt out of receiving emails regarding your purchases, technical support requests or other important information concerning your account.

Disclosure of this Information

We may disclose your personal information:

(1)  to an affiliate or third party organization to enable them to fulfill a product or service request, provide professional or technical support such as web hosting, IT services, payment processing and service fulfillment.  We expect these third parties to protect your information in a manner consistent with this Privacy Policy and to limit the use of your Personal Information to the provision of services to Cloudkey Technologies.

(2)  if we believe there has been a violation of our Terms of Service or of our rights or the rights of any third party.

(3)  in response to legal proceedings such as a court orders, subpoenas, search warrants, governmental investigations or other legal processes.

(4)  to establish or exercise our legal rights and to defend against legal claims.

(5)  in the event of business transfer such as a merger, acquisition, joint venture, full or partial sale of Cloudkey Technologies.  Your personal information will be among the assets transferred which will remain subject to this Privacy Policy or any subsequent updated versions.

Third Party Disclosure

We accept no responsibility for the actions or policies of third parties, their products or services.  We accept no responsibility for the actions or privacy policies of the owners of our online stores, their websites, content, services or their products.

Owners of online stores may choose to contact you regarding your purchases as well as market to you other products and services they offer.  Cloudkey does not accept any responsibility for communication and purchases transacted between you and the online store owner.

Security

We value your security as well as our own and employ appropriate measures to help safeguard your personal information and minimize the risk of unauthorized access.  While we make every effort to ensure the integrity and security of our services, we cannot guarantee that your personal account information will always remain secure.  You should exercise caution at all times when disclosing your personal details.

Privacy of Children

The Cloudkey website and its services are intended for individuals 13 years or older.

We do not knowingly collect and store personal information on children under 13 years of age.

Contact Us

Direct any concerns or queries concerning this Privacy Policy to privacy@cloudkeytechnologies.com

Effective Date

25 August 2014

© Cloudkey Technologies 2014