Terms of Service
For Service via Ip Box, Personal Computer and iPad in United States and
This Agreement sets out how ZFlix.ca will provide the access to Influx IPTV
broadcasts, Video on Demand (VOD) and video related services to you
in the United States and Canada for Services. For purpose of this Agreement,
you shall refer to the individual who wishes to use the Services. By (i)
your submission of an online order; (ii) your acceptance of the Terms of
Service electronically during registration; (iii) your initialing the ZFlix
Term of Service in an Order Form, you agree to be bound by this Agreement,
including future revisions. Any specific terms, conditions, instructions
or service limits relating to the Services that you chose in your ZFlix
subscription package will be treated as part of this Agreement.
Authorized User Responsibilities:
1. You must be 18 years of age or older and have the legal authority to
enter into this Agreement. You affirm that the information you supplied
is correct and complete.
2. You understand that all information provided by you will be relied upon
by ZFlix for the provision of Services thus shall be true and accurate.
You agree that ZFlix may disable or terminate the Services in the event
that you provide false or incorrect information. You shall promptly notify
ZFlix whenever your personal information or billing information changes
(including for example, your name, email address, address, telephone number,
and credit card number and expiration date).
3. You agree to use the Services for personal use only and in compliance
with the then current ZFlix Authorized Use Policy and any applicable laws
and regulations. You understand that any use of ZFlix Service and Equipment
for commercial purpose is prohibited.
4. You accept that ZFlix considers anyone using the Services at the installation
address you provided to be authorized by you and you must pay all charges
due from that use.
5. This Agreement goes into effect upon your acceptance of this Agreement
and shall continue until canceled or terminated by either party as permitted
by this Agreement.
6. You agree to pay all charges for the Equipment(s) and the Services, including
any charges for late payment. The method of payment will be either as set
out in this Agreement or as we otherwise agree with you.
7. You agree to provide ZFlix with a valid major credit card as the designated
form of payment at initial sign-up, and will maintain the validity of the
credit card information while your subscription is active unless we otherwise
8. Authorization: You agree to authorize ZFlix to automatically charge your
designated credit card for the following types of fees (including tax applicable):
a. Monthly Subscription Fee: For subscription to any monthly plan of Base
Channel Package and Premium Package and to Promotional Plan which requires
monthly payment. You will be charged at the beginning of each calendar month
for the balance of that month's subscription fee and taxes applicable. If
the billing start date for new Monthly Subscription falls in the middle
of a month, you will be charged a pro-rated fee for this partial month at
the beginning of the next month together with the full monthly fee of the
b. Shipping and Handling, Activation, and Applicable Service Fees: The charges
for shipping and handling, activation and applicable service fees are set
out in your Order Form. ZFlix will charge your designated credit card for
shipping and handling fees, activation fee, as well as other applicable
service fees that you have pre-approved either during your initial subscription
order or during the course of your usage of ZFlix You acknowledge and agree
that ALL shipping and handling, activation and other applicable service
fees are non-refundable.
(1) Equipment Fee and Equipment Deposit. (2) Late Payment Charge. (3) Suspension
Fee. (4) Cancellation Fee. (5) Any additional charges for failure to return
Dispute of Charges: Your monthly statement of ZFlix Services will be available
online through your ZFlix account. If there is any dispute item in the statement,
you shall notify ZFlix of such disputed items within thirty (30) days of
receipt, or such greater amount of time as permitted by law. Failure to
timely notify us of a dispute shall constitute your acceptance of the corresponding
bill. Undisputed portions of a billing statement must be paid before the
next billing statement is issued or you agree to pay a Late Payment Fee
as described in Section 7. Disputes can be filed either by calling ZFlix
at 1-888-442-5058 or sending e-mail to email@example.com. Please retain your
proof of filing a dispute claim.
9. You agree that ZFlix is not responsible for any charges or expenses (e.g.,
for overdrawn accounts, exceeding credit card limits,etc.) resulting from
charges billed by ZFlix. If the charge transaction against your designated
credit card is refused by the merchant account for any reason (card expired,
insufficient credit limit, etc.), ZFlix will suspend the Services until
you pay all amounts due upon demand by ZFlix
10. Currency Loss: You understand that you will take the risk of the fluctuation
of currency exchange rate by your own if the charges are billed in currency
other than US dollar. You agree that ZFlixis not responsible for any money
loss resulting from the fluctuation of currency exchange rate.
11. Customer Reaffirmation: Every time you use ZFlix Services, you reaffirm
that (i)ZFlix is authorized to charge your designated credit card; (ii)
ZFlix may submit charges incurred under your account for payment; and (iii)
you will be responsible for such charges, even if your Subscription is canceled
1. Purchased Equipment: If you elect to purchase a ZFlix Ip Box, you agree
to pay $99 CAD per Equipment and any applicable sales, usage, and other
taxes for each Equipment you purchase.
2. Additional Equipment: We may allow you to place up to 2 additional Equipments
on your account in our sole discretion. Each Additional Equipment will be
authorized to receive the same Services as your initial Equipment. You understand
that this option is only available if your initial Equipment and Additional
Equipment(s) are located at the same residence registered with your account
and are continuously connected to the same modem as you use for the initial
Equipment; any usage outside the conditions set forth above may result in
the denial of access to Services of all of the Equipments. Unless otherwise
specified in the terms and restrictions, if any, applicable to the promotion(s)
pursuant to which you are receiving Services and/or Equipment, ZFlix will
charge you an Equipment Deposit for each Additional Equipment. You will
also need to pay each month an Additional Equipment Service fee equals to
$15 CAD multiply the number of Additional Equipment(s) you activated under
the account in addition to the subscription fees you pay for the initial
Equipment, regardless of whether it is a Monthly Subscription. The charges
of VOD by Usage through all the Equipments you ordered will be merged and
listed together on your monthly statement. If you desire to receive Services
at two different residential locations, you must open a separate account
for each location. ZFlix reserves the right to revoke the grant of Additional
Equipment(s) if ZFlix reasonably believes that you fail to meet the conditions
set forth above. In that event, you agree to return the Additional Equipment(s)
within ten (10) business days uponZFlixâ€™s notice and, in addition to all
other applicable fees, you agree to pay us the difference between the amounts
actually received by us and the full retail price (currently $99 per Equipment)
for the Services authorized for the Additional Equipment(s) on your account.
3. Care of ZFlix Property: You agree that neither you nor any other person(except
ZFlix's authorized personnel) will open, tamper with, service, make any
alterations to, or remove any Leased Equipment from its point of initial
installation. Any alteration, tampering, removal, etc., or the use of Leased
Equipment which permits the receipt of Services without authorization or
the receipt of Services to an unauthorized number of outlets, or to unauthorized
locations constitutes theft of Services and is prohibited. During the Term
of the Agreement, rights of lien and retention by third parties over the
Leased Equipment are expressed waived.
4. You agree that you will not try to reverse-engineer, decompile or disassemble
any software or hardware contained within any Equipment provided by ZFlix.
Such actions are strictly prohibited and may result in the termination of
this Agreement, disconnection of your Services and/or legal action.
5. Late Payment: If you delay payment, ZFlix will send you a reminder or
call you and temporarily disconnect you to the Services. The Services will
be reinstated soon after you pay in full the amount demanded by ZFlix. If
you delay your payment for one (1) months from the date of billing, ZFlix
will initiate the collection procedure and charge you a late payment charge
$25 CAD by way of compensation toZFlix for breaching the terms of this Agreement.
You agree that in the case of late payment or nonpayment for any Services
ordered by you or for any of the charges stated above, ZFlix,in its sole
discretion, may report such late payment or nonpayment to credit reporting
6. Renewal: You may change your subscription of this Agreement or cancel
the Services. If you do not choose either of the actions as instructed in
each section, Monthly Subscription will automatically be renewed each month
at the then prevailing subscription fee for the same package; Prepaid Subscription
will automatically renew at annually basis at the completion of the mandatory
subscription period for the package at the then prevailing subscription
fee of the package. The subscription fee will be charged. For clarity, automatic
renewal does not apply to Prepaid Subscription of VOD Package.
1. Disruption of Services: You agree that in no event shall ZFlixbe liable
for any failure or interruption of program transmissions or Services resulting
in part or entirely from circumstances beyond ZFlixs reasonable control.
Subject to applicable law, credit will be given for qualifying outages.
In any event, if there is a known program or service interruption in excess
of 24 consecutive hours (or in excess of such lesser time period pursuant
to state law), you shall prompt notify of such failure or interruption to
ZFlix and ZFlix may either provide you with a pro-rata credit relating to
such failure or interruption or, at its discretion, in lieu of the credit
provide alternative programming during any program interruption. You agree
thatZFlixshall not be liable for any incidental or consequential damages.
2. Communication Charges: In order to receive Services from ZFlix, you agree
that you are responsible for obtaining and maintaining at your own expense
all equipment and services needed to access ZFlixServices. You also agree
to bear any communication charges incurred by accessingZFlixServices through
a third-party network, such as a cable or wireless carrier.
3. Customer Property: ZFlix assumes no responsibility for the maintenance
or repair of equipment you provided, including but not limited to television
sets, VCRs or other video equipment, remote controls, wireless cards, and
stereos or other audio equipment. You shall be responsible for the repair
and maintenance of any equipment you provided.
4. Access to Customer Premises: When you elect onsite installation, you
agree to provide ZFlix's representatives with access at reasonable times
to your premises to inspect and maintain the Leased Equipment, and upon
termination of Services, to remove the same from the premises. Where necessary,
you must also obtain permission from third parties (as the landlord for
example) for the planned installation work before the ZFlix onsite installation
is carried out.
5. ZFlix maintains your personal identification information for the purpose
of account management, billing and collections, customer support and service
management. You agree that ZFlix may also aggregate anonymous,non-personal
information for reporting and analysis purposes related to your viewing
and usage of ZFlix Services.
6. You agree that ZFlix may record your conversations with ZFlix call center
representatives for the purpose of tracking records and improvement of our
7. Reproduction of Programs: You agree that the programs provided by ZFlix
will be utilized solely for your personal, non-commercial use and will not
be duplicated except in compliance with applicable law. If we reasonably
believe you have misused the Service, we may take immediate action to disconnect
you to the Services or terminate your agreement with us.
8. ZFlix 's Rights:
a. ZFlix has no obligation to monitor content or Services accessible by
means of the ZFlix Ip Box. However, you acknowledge and agree that ZFlix
has the right to monitor content from time to time and to disclose any information
as necessary to satisfy any law or regulation to operate its programming
properly, or to protect itself or its Customers. b. ZFlix shall have the
right to determine in its sole discretion what constitutes an "inappropriate"
or "commercial use" of ZFlix 's Equipment and Services.
9. Assignment or Transfer: This Agreement and the Leased Equipment are not
assignable or otherwise transferable by you.
10. Breach of Agreement ZFlix, at its option, may suspend or terminate the
Services and remove the Leased Equipment without notice if: (i) you break
any terms or conditions of this Agreement or make a material misstatement
in any details supplied to us; or (ii)you fail to pay the payment due for
the Services within 30 days after ZFlixâ€™s written notice; or (iii) if
for reasons outside ZFlixâ€™s control, ZFlix cannot continue to provide
the Services; or (iv) if you are involved in unlawful copying of content
of any of the TV Services. ZFlixâ€™s failure to remove such Equipment shall
not be deemed abandonment thereof. You agree to pay for reasonable attorney's
fees to ZFlixin the event that ZFlix shall find it necessary to preserve
and protect its rights under this Agreement.
11. Programming: All programming, program services, program packages, number
of channels, channel allocations and broadcast channels are at the sole
discretion of ZFlixand are subject to change at any time in accordance with
applicable law. You may find the information about latest version of packages
and channels available at: www.zflix.ca
12. Changing the Term of Service: Sometimes, ZFlixwill change the Term of
Service. We will publish details of all changes online at www.zflix.ca
13. Disclaimer: ZFlixassumes no liability for any program or information
distributed over the system unless locally produced by ZFlix. ZFlixshall
not be responsible for any products, merchandise or prizes promoted on or
purchased through the use of the system, unless such product, merchandise
or prizes are provided directly by ZFlix.
14. Limitation of Liability: ZFlixaims to provide a continuous, high-quality
service, but we do not warrant that the Services or Equipment provided by
ZFlixwill perform at a particular speed or will be uninterrupted, or error-free.
The Services can vary depending on location, line quality, inside wiring,
Internet traffic, and other factors beyond the control of ZFlix. In no event
shall ZFlix(or its officers, employees, parent, subsidiaries, or affiliates),
its third party licensors, providers or suppliers, be liable for: (i) any
direct, indirect, special, consequential or incidental damages, including
without limitation, lost profits or loss of revenue or damage to data arising
out of the use, partial use or inability to use the Services, regardless
of the type of claim or the nature of the cause of action, including without
limitation, those arising under contract, tort, negligence or strict liability,
even if zflix has been advised of the possibility of such claim or damages,
or (ii) any claims against Customer by any other party.
15. Severability: If any part, term or provisions of this Agreement is found
to be illegal or unenforceable by the court, the remainder of this Agreement
shall continue to govern our provision of the Services to you.