Membership Plans – Terms Of Use

Please read the terms and conditions of our services before availing services from this site. By continuing to use and avail service on this site, you (“you” or “User”) signify YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE. These terms and conditions of Service (“Specific Terms”) govern your visit(s) to https://www.teriflix.com on the desktop or the mobile version thereof (the “Site”) and avail our services. Use of our website (the Site) and / or any of the Services offered by us through the Site will be collectively referred to as the “Service”. TERIFLIX ENTERTAINMENT SPACES Pvt. Ltd. and its affiliates (collectively “TERIFLIX”, “we”, “us” or “our”) have adopted these Terms to ensure you know what to expect from your visit to our Venues or from the use of the Service or the Site.

OUR AGREEMENT; ACCEPTANCE OF TERMS

These terms are specific terms relating availing our services with respect to viewing offerings at TERIFLIX, these specific terms together with general terms of use of our site and other documents (e.g., Waiver Form) constitute the entire agreement between you and TERIFLIX in relation to your use of the Site and availing of this Service. You will be able to access and read the applicable Specific terms within or through your use of that aspect of the Service. If there is a conflict between the General Terms and this specific terms, the specific terms will control. The General Terms and Specific Terms (collectively, the “Terms”) form the legal and binding contract between You and TERIFLIX.

PLEASE READ THE TERMS CAREFULLY AS THEY REPRESENT A LEGALLY BINDING CONTRACT BETWEEN YOU AND TERIFLIX. BY VISITING THE SITE OR VENUE OR BY USING THE SERVICE YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE THAT YOU ARE BOUND BY THESE TERMS.

WHEREAS

TERIFLIX builds and/or aggregates entertainment spaces (the “Venue” or “Venues”), each of which with select facilities located within the same, including playback of pre-decided content (“Screening(s)”) and allied activities (“Event(s)” or “Special Event(s)”), and has made provisions for seating therein for the said purpose

TERIFLIX offers Membership Plans (hereinafter called PLAN) that User can sign-up for against payment of valuable consideration and get access to specific Service(s) for free or at a special price for a duration of time (hereinafter called PLAN PERIOD), which can change from one PLAN to another. A User who has signed-up for a PLAN is called as MEMBER.

One or more of the following Service(s) are provided access to for free or at a special price, depending on the PLAN

  1. Social Screening: screening of a movie from TERIFLIX’s library that can be joined by MEMBERS only. Social screenings may be announced several days in advance, but they get confirmed only if minimum-number of members join the screening.
  2. Events: special screenings of select films, either from TERIFLIX’s library or otherwise, workshops, talks, interviews and the like.
  3. Private Screening: screening of a movie from TERIFLIX’ library at a date & time of MEMBER’s choice at any of the Venue(s) listed by TERIFLIX (provided the Venue is available on the said date & time), for people specifically invited by the MEMBER.
  4. Venue Rentals: screening of a movie (whose rights are with the MEMBER) at a date & time of MEMBER’s choice at any of the Venue(s) listed by TERIFLIX (provided the Venue is available on the said date & time), for people specifically invited by the MEMBER.
  5. Private Streaming: private viewing of movies or TV shows from streaming media providers explicitly supported by TERIFLIX.
PREREQUISITES OF USAGE
  1. User represents that he/she is an adult and is legally allowed to sign up for a PLAN. As of writing anyone who is 18 years or older is considered to be an adult.
  2. User, who becomes a MEMBER, represents that only he/she personally joins Social Screenings & Events, as allowed by its PLAN, and shall not designate anybody else on the User’s behalf.
  3. User, who becomes a MEMBER, represents that, if its PLAN BENEFITS allows for it, it shall avail special pricing for Venue Rentals and Private Screening only for its own personal use and not on behalf of its family member, friend, relative, business associate or anybody else.
  4. User shall comply with all applicable laws, codes, regulations, rules and orders, and all regulations and policies of TERIFLIX.
  5. The User agrees to sign a WAIVER FORM, when presented to him/her, when required before availing any of the Service(s) at a Venue.
PERMITTED USAGE
  1. TERIFLIX hereby permits you, on payment of full Consideration for a PLAN, to avail any of the Service(s) bundled in the plan for free or at a special price.
  2. Benefits of a PLAN are clearly listed against each PLAN on its page. User, who becomes a MEMBER, agrees to enjoy the benefits of the said PLAN only in accordance to the rules and terms of the said PLAN and not in any other way.
  3. User, who becomes a MEMBER, agrees to not share, lend or otherwise split the benefits or its PLAN, for a fee or otherwise, with any members of its faimily, friends, colleagues or anyone else.
  4. User, who wants to become a MEMBER, agrees to create an online account with TERIFLIX and agrees to the terms mentioned in our Privacy Policy.
  5. User, who becomes a MEMBER, agrees that it needs to login to its own account on TERIFLIX website in order to avail the benefits of its PLAN.
  6. User, who becomes a MEMBER, agrees to not share its login credentials with anyone including its own family members, friends, relatives, business associates or anyone else.
  7. Upon becoming a MEMBER, the User warrants that it has read, understood and agreed to these Terms Of Use, benefits of the PLAN and the PLAN PERIOD.
  8. MEMBERs agree to abide by
    1. Social Screening Terms Of Use, upon joining a social screening,
    2. Private Screening Terms Of Use, upon booking a private screening,
    3. Events Terms Of Use, upon registering for an event and
    4. Venue Rentals Terms Of Use, upon renting any of TERIFLIX’s Venue(s).
    5. Private Streaming Terms Of Use, upon booking any of TERIFLIX Venue(s) for private viewing of movies & TV shows from User’s (or MEMBER’s) account with streaming media providers allowed by TERIFLIX.
  9. Not all Service(s) of TERIFLIX are available to MEMBERs for free or at a special price. The specific Service(s) bundled with a PLAN and the means for availing those Service(s) and additional PLAN BENEFITS are clearly stated against each PLAN. User agrees to review PLAN BENEFITS before signing up for a PLAN and becoming a MEMBER.
  10. Users and MEMBERs agree to not hack, reverse engineer or otherwise alter any of the mechanisms employed by TERIFLIX to offer PLAN BENEFITS to its MEMBERs.
PERIOD OF USE
  1. Each PLAN has explicitly stated PLAN PERIOD, which can either
    1. span from a specified date to another specified date
    2. span from date of PLAN purchase upto a specified number of days hence
    3. span from specified number of days after PLAN purchase to a specified number of days thereafter
CONSIDERATION

Against each PLAN the PLAN BENEFITS are listed in detail along with the Consideration for availing the benefits of the PLAN. Upon payment of full Consideration, the User can become a MEMBER and avail PLAN BENEFITS during the PLAN PERIOD.

CANCELLATON OF MEMBERSHIP

TERIFLIX does not allow for cancellation, either in part or whole, of a membership once the User has completed making payment towards a PLAN and therefore offers no rufund of amounts paid towards registration on PLAN(s). If the User believes that he/she has a compelling reason for cancellation, an email request maybe sent to support@teriflix.com. However, TERIFLIX has no obligation to accept or act on the cancellation request or issue any refunds.

FACILITIES

TERIFLIX’s website provides the following mechanism(s) for User to sign-up for a PLAN and become a MEMBER.

  1. User can review all PLAN BENEFITS on the PLAN page.
  2. User can sign-up for a PLAN by paying for it online using the mechanisms provided on the PLAN page.
  3. Duing the payment process, the User is provided means to create an account with TERIFLIX, if the User already doesnt have one.

TERIFLIX’s website provides the following mechanisms for a MEMBER to avail benefits of its PLAN

  1. MEMBER can login to its own account on TERIFLIX’s website and avail benefits bundled with its PLAN during its PLAN period.
  2. MEMBER can recover password for its account using password recovery mechanisms available on TERIFLIX’s website.
  3. MEMBER can write to support@teriflix.com and request for any help with respect to its account or membership during its PLAN PERIOD.
  4. MEMBER can view and/or alter personal information by visiting the User-Account page.
  5. At the end of the PLAN PERIOD, user can either sign-up for the PLAN once again to extend the PLAN PERIOD, if offered, or can sign up for any other PLAN that is being offered by TERIFLIX, or can continue to retain its account with TERIFLIX without being a ACTIVE MEMBER.
  6. A MEMBER whose PLAN PERIOD yet to start or is currently underway is called an ACTIVE MEMBER. All other MEMBERs are called INACTIVE MEMBERs. While INACTIVE MEMBERs can raise a request to have their account closed at anytime, ACTIVE MEMBERs may raise a request to close their account only after their PLAN PERIOD. All such requests may be sent on email to support@teriflix.com.

TERIFLIX WILL NOT REFUND, EITHER IN PART OR WHOLE, ANY AMOUNT TO THE MEMBER, IF IT IS UNABLE TO MAKE GOOD USE OF ITS PLAN BENEFITS.

RIGHTS OF TERIFLIX

In addition to all rights referenced herein, TERIFLIX reserves and may exercise the following rights:

  1. To require User, to create an account with TERIFLIX, in order to onboard as a MEMBER and deliver PLAN BENEFITS.
  2. To revoke membership of any MEMBER if under TERIFLIX’s sole discretion the MEMBER is found to be in breach of any of the terms in this Terms Of Use, or of the rules specified in its PLAN, or of the Terms Of Use listed against the specific Service(s) availed under the PLAN. TERILIX, can its own discretion, refund (or adjust) in part or whole the Consideration paid by the User to become a MEMBER, or refuse any refund. The User bereby waives any claim for damages or compensation from TERIFLIX related to such a decision.
  3. To amend its rules and regulations at any time as deemed necessary when it is in TERIFLIX’s best interest.
  4. To cancel, revoke, add or modify any of the PLAN BENEFITS at anytime, including after the User signs up as a MEMBER.
  5. To distribute announcements and literature concerning future attractions, whether such attractions are under the auspices of the MEMBER or not irrespective of whether a MEMBER is an ACTIVE or INACTIVE MEMBER.
  6. To request for feedback from the MEMBER in the form of a written statement, video or photo. TERIFLIX reserves the right to use the feedback in any way it wants, including usage in its online & offline media campaigns and the Site, without requiring further permission from the concerned User.
  7. To refuse membership to any individual, groups of individuals or organization based on previous payment history (whether with TERIFLIX or unrelated entities), breach of contract (whether with TERIFLIX or unrelated entities), logistics, usage demands or any other unexpressed reason. If a SCHEDULED USAGE is determined to be more than is feasible for TERIFLIX to accommodate, it has the right to refuse rental.
WAIVER OF LIABILITY

TERIFLIX shall not be liable or responsible in any way for and User/MEMBER hereby waives all claims against TERIFLIX with respect to or arising out of any death or any injury that may be suffered or sustained by User/MEMBER or its employee, invitee, guest or agent of User/MEMBER or any other person as a result of any actions or inactions of User/MEMBER, directly or indirectly, or any loss or damage or injury to or theft or loss of any property belonging to User/MEMBER or any companion, employee, invitee, guest or agent of User/MEMBER in the Venue(s), including but not limited to any property placed by User/MEMBER in or about the Venue. The provisions of this paragraph shall survive the termination of this Agreement with respect to any damage, injury, illness, or death occurring prior to such termination of this Agreement.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

TERIFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE PLAN, OR ACCESS TO MEMBER ACCOUNT ON ITS WEBSITE, OR THE MECHANISMS TO AVAIL PLAN BENEFITS WILL BE UNINTERRUPTED OR ERROR-FREE AND THE USER AGREES THAT TERIFLIX MAY REMOVE/SUSPEND THE PLAN OR ACCESS TO MEMBER ACCOUNT(s) OR MECHANISMS TO AVAIL PLAN BENEFITS FOR INDEFINITE PERIODS OF TIME OR CANCEL THE PLAN, OR ACCESS TO MEMBER ACCOUNT OR THE MECHANISMS TO AVAIL PLAN BENEFITS AT ANY TIME, WITHOUT NOTICE TO USER.

USER EXPRESSLY AGREES THAT ITS SIGNING-UP FOR ONE OR MORE PLANS IS AT ITS SOLE RISK. THE MECHANISMS (Website, App or any other mechanism provided by TERIFLIX) USED TO HELP USERS BECOME MEMBERS AND THE MECHANISMS USED BY MEMBERS AVAIL THE BENEFITS OF ITS PLANS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR USE BY THE USER/MEMBER, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TERIFLIX DISCLAIMS ANY LIABILITY RELATING THERETO TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW AND IN NO CASE SHALL IT EXCEED THE AMOUNT OF CONSIDERATION PAID BY THE USER UNDER THIS AGREEMENT.

IN NO CASE SHALL TERIFLIX, ITS OWNERS, PROMOTERS, INVESTORS, SHARE HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PARTNERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USER’S SIGNING UP TO BECOME A MEMBER OF FROM THE MEMBER’S AVAILING OF ITS PLAN BENEFITS, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE VENUE AND/ OR THE EQUIPMENT OR ANY PART THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY.

TERIFLIX SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY USER/MEMBER IN CONNECTION WITH ITS MEMBERSHIP, BUT USER/MEMBER AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK AND TERIFLIX HEREBY DISCLAIMS ANY AND ALL LIABILITY TO USER FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

TERIFLIX OBTAINS INSURANCE WITH RESPECT FOR CLAIMS ARISING DUE TO ITS OWN NEGLIGENCE. IT DOES NOT CARRY THIRD PARTY INSURANCE TO COVER OTHER GROUPS. THE USER/MEMBER SHALL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY TO THE VENUE OR ANY PROPERTY THEREIN, OR INJURY OR HARM TO PEOPLE THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE VENUE OR ANY OF THE SERVICE(s) OFFERED BY TERIFLIX.

TERIFLIX SHALL NOT BE LIABLE FOR ANY LOSS DUE TO BREAKDOWN OF MACHINERY, FAILURE OF POWER SUPPLY, LEAKAGE OF WATER, FIRE, GOVERNMENT RESTRICTION, ACT OF GOD, STRIKES OR LOCK-OUTS, STRIKES/BANDHS OR ANY EVENT OUT OF THE CONTROL OF TERIFLIX, WHICH MAY CAUSE THE PLAN BENEFITS OR ANY OF THE MECHANISMS USED TO DELIVER THE PLAN BENEFITS TO BE TERMPORARILY ABORTED OR YOUR MEMBERSHIP, PLAN-BENEFITS OR SPECIFIC SERVICE(s) AVAILED UNDER THE PLAN TO BE INTERRUPTED OR CANCELLED.

INDEMNIFICATION

User, to the fullest extent permitted by law, shall defend, hold harmless and indemnify TERIFLIX and its affiliates, trustees, directors, officers, members, partners, principals, employees and agents against any and all claims, demands, causes of action or damages, including attorney’s fees (collectively, “Claims”), arising out of or relating to any of the obligations undertaken in connection with this Agreement, including but not limited to

  1. Any breach of this Agreement;
  2. Any actual or alleged injury or death to a person and/or loss of or damage to property caused directly or indirectly, wholly or in part by a party, its officers, directors, trustees, agents, contractors, employees or representatives; and
  3. Any damage arising out of or in the course of or in connection with participation at the Event or the use of the Venue by the User, either directly or indirectly.
TERMINATION

If, through any cause, User fails to fulfill in a timely and proper manner any of User’s obligations under this Agreement or if it is found to have misrepresented to TERIFLIX, TERIFLIX has the unilateral right to terminate this Agreement without giving written notice to User of such termination, with or without refund of the Consideration as per the sole discretion of TERIFLIX.

ENTIRE AGREEMENT
  1. This Agreement, along with the rules and terms of the PLANs under consideration and the Terms of Use of the specific Service(s) availed as PLAN BENEFITS, contains all the terms and conditions agreed upon by the parties hereto regarding the subject matter of this Agreement.
  2. Any prior agreements, promises, negotiations or representations, either oral or written, relating to the subject matter of this Agreement not expressly set forth in this Agreement are of no force or effect.
  3. No changes, amendments, or alterations shall be effective unless agreed to in writing by both parties.
SEVERABILITY

Every provision of this Agreement is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.

NOTICE

Notices sent under this Agreement by either party to the other party shall be to their respective addresses (mentioned above is address of TERIFLIX) and in the event any of the parties change their address, it shall be the duty of such party to notify the other party within reasonable time, not exceeding four weeks from the date of such change, about the change in their address, which shall be duly acknowledged by the notified party and notices sent by any mode that returns an acknowledgement of receipt duly signed/endorsed by the receiving party, shall constitute a proper notice for legal requirements.

GOVERNING LAW AND DISPUTE RESOLUTION
  1. This Agreement shall be governed by the prevalent law in India and the courts of Bengaluru shall have the jurisdiction to try any disputes arising out of or from this Agreement.
  2. The expressions used in this Agreement shall be gender neutral and any reference to the plural shall, where appropriate and not repugnant to the context, refer also to the singular.
MODIFICATION OF TERMS

We reserve the right to modify the Terms or any other policies and guidelines applicable to the Service at any time at our sole discretion. Modification of the Terms by any party other than TERIFLIX will not be enforceable against TERIFLIX unless expressly agreed to by TERIFLIX in writing. It is each User’s responsibility to inform himself or herself of the Terms and monitor any changes. You can review the most current version of the Terms at any time at: https://www.teriflix.com/ssmtou. We will indicate the date of the last revision of the Terms at the bottom of the Terms. Your continued use of the Service after any modification constitutes your acceptance of the modified Terms. Accordingly, you should review these Terms whenever you visit the Site or use the Service to see if these Terms have been modified.

ELECTRONIC COMMUNICATIONS

When you use the Service or send email or text-message to us, you are communicating with us electronically. Your use of the Service or your communication with us via email or text-message will be deemed your consent to receive communications from us electronically. We will communicate with you by email or text messages or by posting notices on the Site. You agree that all agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS
  1. All Content on the Service provided by TERIFLIX and its licensors, including, but not limited to, designs, text, images, photographs, illustrations, artwork, graphic material, video, applications, software, music, sound and other Content (collectively, “TERIFLIX Content”), together with the User interface, and the selection and arrangement of the Service, are the proprietary property of TERIFLIX and its licensors and are protected by Indian copyright and other intellectual property laws and by international treaties.
  2. No TERIFLIX Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of TERIFLIX or TERIFLIX’s licensors. Any unauthorized use of TERIFLIX Content or violation of this provision is a material breach of the Terms and may be a violation of applicable law. Nothing in these Terms is to be construed as transferring or licensing any of TERIFLIX’s intellectual property rights to you, whether by estoppel, implication or otherwise.
MOBILE SERVICES

At this time, we do not offer any mobile application. The Site can be accessed from any mobile device that supports modern HTML5 compliant browser.

YOUR CONDUCT
  1. You must not
    1. Select or use an account name, contact information, email address of another person, including address and telephone numbers, with the intent to impersonate that person;
    2. Select or use an account name, email address or telephone number that is subject to the rights of another person without authorization;
    3. Use an account name in violation of the intellectual property rights of any person; or
    4. Use an account name that we, in our sole discretion, deem offensive.
  2. Any of your conduct that restricts or inhibits any other User from using or enjoying the Service, as determined by us in our sole discretion, will not be permitted. You agree to use the Service only for lawful purposes. You are prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. No unauthorized advertisements, pornographic materials, or junk mail is permitted.
USER PURCHASES

You agree that all purchases made by you through the Service are subject to the terms applicable to those purchases.

USER CONTENT
  1. Your becoming a MEMBER will also allow you to post comments, recommendations and other statements through external social networks and similar third party Web sites, such as Facebook, Twitter, YouTube, and Google Plus (all such statements will be collectively referred to as “User Content”). The opinions expressed as a part of User Content are the views of the User posting the message and do not reflect TERIFLIX’s opinions. TERIFLIX does not necessarily endorse, support, sanction, encourage, verify or agree with the User Content posted on the Service. TERIFLIX is not responsible for the materials posted by users.
  2. You represent that your User Content does not misappropriate or infringe upon a third party’s intellectual property rights (including, but not limited to, copyright, trademark, trade secret or other proprietary rights), violate the privacy or publicity rights of a third party, or contain defamatory or otherwise unlawful material. You represent that your User Content is not confidential.
  3. Although TERIFLIX does not claim ownership of User Content, by posting any User Content to a public area of the Service, you automatically grant TERIFLIX a worldwide, non-exclusive, perpetual and irrevocable, freely transferable and sub-licensable (through multiple tiers), royalty free right and license to use, copy, create derivative works from, distribute, publicly perform, and publicly display your User Content, in whole or in part, via the Service or otherwise, for any purpose, without any compensation. You also represent that you have the right and authority to grant such a license.
MONITORING THE SERVICE

We have the right, but not the obligation, to monitor the User Content posted on the Service to determine compliance with these Terms and any other operating guidelines or policies established by us. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content submitted to or posted in the public areas of the Site. Without limiting the foregoing, we have the right to remove any User Content that we, in our sole discretion, find to be in violation of these Terms, our guidelines and policies or otherwise objectionable. Notwithstanding these rights, you are solely responsible for your User Content.

NOTICE OF VIOLATION OF TERMS

Please report any violation of the Terms by sending an email to info@teriflix.com.

CONTACT WITH ADVERTISERS OR OTHER THIRD PARTIES AND OTHER WEBSITES

Your navigation to and participation in promotions, your purchase of, payment for and delivery of goods or services, if any, and any terms and conditions, warranties, or representations related to such promotions or your purchase of goods and services (“Dealings”) with third parties found on or accessible through the Site or Service are solely between you and the third party. Advertisements and other information provided by third parties found on or made available through the Site or Service are provided solely for your convenience and should not be construed as an endorsement by TERIFLIX of the materials, goods or services provided, or made available, by the third parties. Any dealings with third parties are at your own risk. TERIFLIX does not assume any responsibility or liability with respect to any Dealings you may have with third parties.