Terms and Conditions – Chooza

1 Introduction

Thank you for choosing Chooza™ (App).

The App provides the user and/or subscriber of the Services (You) with personalised film and television recommendations, including other social and interactive features.

By downloading and using the App and/or subscribing to the Services, you accept these terms and conditions (which govern your use of the App and/or Services) and that a legally binding contract is formed between you and Chooza in that regard.

In order to access and use the App and/or Services, you need to reside in Australia. You acknowledge and agree that you have the capacity the enter into a binding contract with Chooza in accordance with these terms and conditions and that all personal information, or other registration information, that you provide to Chooza in connection with the App and/or Services is true, accurate and complete.

If you have any questions concerning the App and/or Services, please contact Chooza by visiting Chooza’s website in the following link: www.app.chooza.com.au (Website).

2 Definitions

In this contract, words beginning with a capital letter have the following meaning ascribed to them:

 

  1. Account has the meaning ascribed to it in clause 5.1.
  2. Chooza means Trudesapp Pty Ltd (ABN 72 668 409 756) trading as Chooza, it successors and assigns.
  3. Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise. 
  4. Consequential Loss means any loss or damage arising from a breach of contract or agreement (including breach of these terms and conditions), tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of access to markets, loss of goodwill, indirect or remote or unforeseeable loss, loss of business reputation, future reputation or publicity, or any similar loss whether or not contemplated by the parties at the time of entering these terms and conditions.
  5. GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  6.  IP Rights means all intellectual property and proprietary rights (whether registered or unregistered) owned by Chooza prior to or in the course of performance of the Services and developed by Chooza in performance of the Services, or in connection with the App, including but not limited to business names, trade or service marks, copyright, patents, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, data, know-how, designs, design rights and similar industrial or intellectual property rights in connection with the App and/or Services.
  7. Law means any statute, regulation, rule, proclamation, ordinance, by-law or code.
  8.  Paid Subscription has the meaning ascribed to it in clause 4.2.
  9.  Price means all monies payable by you to Chooza as notified to the you from time to time in connection with the Services.
  10.  Services means all material, products, services, information and data that Chooza provides you through your Account or otherwise through your use
    of the App.

3 Acceptance

  1. Upon downloading, accessing and/or using the App and/or Services:
    1. you warrant that:
      1. you have read and understood these terms and conditions;
      2. you have not relied upon any representation made by Chooza, either verbally or in writing, which is not contained in these terms and conditions when deciding whether to access and use the App and/or Services;
      3. your use of the App and/or Services creates a legal binding obligation for any liability you may incur as a result of using the App and/or
        Services; and
      4. if you are under eighteen (18) years of age, then you have the consent of your parent or guardian to use the App and/or Services;
    2.  you agree to be bound by these terms and conditions; and
    3.  you waive any right you may have to assert that the fact that your indicating your acceptance of:
      1. these terms and conditions; and
      2.  any other relevant documents you sign or enter into with Chooza in connection with the App and/or Services, electronically does not constitute actual acceptance.
  2. The App and/or Services are provided by Chooza subject to these terms and conditions to the exclusion of anything to the contrary.
  3. These terms and conditions will apply at all times during which you:
    1. access or use the App and/or Services; and/or
    2. otherwise engage with Chooza in connection with the App and/or Services.

4 Price and Payment Terms

4.1 Free to Download

The App is free to download from all participating app stores.

4.2 Paid Subscription

Unless otherwise:

  1. notified on the relevant app store or Chooza’s website where you go to purchase the App;
  2.  for any in-app purchases or subscriptions, as indicated in the App;
  3. notified to you prior to you accepting these terms and conditions in accordance with clause 3; or
  4. if clause 4.3 applies,

the Price will be the price disclosed to you by Chooza in advance of the relevant subscription period paid on a recurring monthly basis or any other interval that Chooza will disclose to you in advance (Paid Subscription).

IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE PAID SUBSCRIPTION IN ACCORDANCE WITH CLAUSE 5.5.

4.3 Free Trials

  1. On and from the date you register your Account or otherwise engage with the Services and for a period of up to one (1) month (or such other period as determined by Chooza at its absolute discretion), Chooza will not charge you for your use of the Services (Free Trial).
  2.  To the extent permitted by law, Chooza reserves all rights to withdraw or modify the Free Trial at any time, without prior notice to you and with no liability.
  3.  Chooza may require you to set up an Account pursuant to clause 5 and/or provide billing information pursuant to clause 4.5 before you start, or in order for you to continue, your Free Trial. By providing Chooza with these details, you acknowledge and agree that Chooza may automatically begin charging you for the Paid Subscription on the first day following the end of the Free Trial.

4.4 Payment

  1.  Subject to clause 4.3, you must pay the Price (except as provided for by Chooza in its absolute discretion):
    1.  upon purchasing or downloading the App; and/or
    2.  in relation to any subscription, immediately prior to the provision of the Services the subject of that subscription.
  2. Chooza is under no obligation to provide Services unless the Price is paid to Chooza from time to time as and when it is due.
  3. Payment of the Price must be made through the App and/or use of the Services (i.e. via Chooza’s Website), or by any other method as agreed to by Chooza.
  4. Receipt by Chooza of any form of payment other than cash will not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

4.5 Billing Information

  1. You must promptly notify Chooza or update your billing information through the App and/or Services if there is a change to your account/billing information (including a change in your credit card or direct debit account details).
  2. You will be asked to provide your credit card on the App and/or on Chooza’s Website when you become a user/subscriber of any Paid Subscription.

4.6 Promotions

If you pay the Price in part or full by using a code, gift card, or other offer/promotion provided or sold by or on behalf of Chooza, separate terms and conditions presented to you along with that offer/promotion may also apply to your access to, and use of, the App and/or Service and you agree to comply with those terms and conditions.

4.7 GST

Unless otherwise expressly stated, GST and other taxes and duties that may be applicable will be added to the Price. If the whole or any part of any amount paid under these terms and conditions is the consideration for a taxable supply, you are liable for all GST in relation to that supply and must pay to Chooza an additional amount equal to the first mentioned amount multiplied by the rate of GST.

4.8 Non-refundable payment

  1. Subject to paragraph (2) below, and to the extent permitted by law, Chooza does not offer any form of refund with respect to the use of the App and/or
    Services. The Price (including where it includes any ongoing subscription fees and charges) are nonrefundable. Chooza does not provide refunds or credits for any partial use or non-use of the App and/or Services.
  2. If Chooza decides not to authorise the opening of your Account pursuant to clause 5.1, and therefore not allow you to use the Services, then Chooza will notify you accordingly and refund any portion of the Price constituting subscription fees paid by you. Any amounts will be refunded to the same credit card or account that you have provided to Chooza.

4.9 Additional rights

Without prejudice to any of Chooza’s other remedies available at law, Chooza will be entitled to immediately cancel or suspend all or any part of the Services if any money payable to Chooza becomes overdue, or if Chooza is of the reasonable view that you will be unable to meet its payments as they fall due.

5 Your Account Obligations

5.1 User Account

In order to access or use the full scope of features of the App and/or Services, you will need to register as a user by setting up an online account with Chooza in your own name (Account).

5.2 Your Details

  1. You must, and warrant that you have provided Chooza with, all current, complete and accurate subscription and registration information as required
    by Chooza from time to time to open your Account.
  2.  You authorise Chooza to verify all subscription and registration details for the Account as required for your use of the App and/or Services.
  3.  You warrant that:
    1.  you are the true owner of the Account;
    2. you are the only person who will use your Account; and
    3.  you are wholly responsible for your Account and anything it comprises.

5.3 Your Obligations

You must do the following things as a condition of your use of the App and/or Services (in addition to anything else you are required to do under these terms and conditions):

  1. Protect any user name and passwords or other account details used in connection with the App and/or Services.
  2. Tell Chooza immediately of any unauthorised access to the App and/or Services or your Account.
  3. Not allow any other person access your Account and/or use the App and/or Services using your Account.

5.4 Restrictions

You must not do any of the following things that are listed below at any time whether before, during or after your use of the App and/or the Services:

  1.  Copy any ideas, functions, features or graphics, or otherwise derived, from the App and/or the Services for any purpose, including but not limited to development of a similar service.
  2. Duplicate any of the App’s content or other materials or otherwise translate, adapt or create derivative works, in whole or in part.
  3.  Tamper with or attempt to bypass functionality that operates to enforce these terms and conditions, including the unauthorised use of the App and/or the Services by anyone else.
  4. Reverse engineer, de-compile, disassemble or alter the App, or otherwise attempt to discover its source code.
  5. Use, post, transmit or introduce any software, routine or device that interferes or attempts to interfere with the operation, integrity or performance of the App and/or the Services, or attempt to gain unauthorised access to the App and/or Services, Chooza’s systems or third party data.
  6. Use the App and/or the Services to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of IP Rights or third-party privacy or intellectual property rights.
  7. Claim any sponsorship, affiliation or endorsement by Chooza (other than where Chooza has expressly in writing agreed for you to do so).
  8. Distribute, communicate or disseminate any material or information or message on any medium or platform (whether online or offline) which may damage, defame or otherwise negatively affect Chooza’s reputation.
  9.  Commit any unlawful acts (including harassing or stalking other users) or encouraging others to use the App and/or Services to undertake illegal activity.
  10. Act in a manner that is abusive to any of Chooza’s employees, contractors, other agents or partners.

5.5 Cancelling Account

  1. If you wish to cancel your Account, you must do so by:
    1. clicking on ‘Account Settings’ in the Appand following the prompts to delete your Account; or
    2. request Account deletion on our Website accessable from < www.app.chooza.com.au/accountdeletion >
  2. You acknowledge and agree that Chooza may provide you with a short survey to complete as a precondition to the cancellation of the Account being processed.
  3. When you cancel your Account in accordance with paragraph (1):
    1.  the Paid Subscription; and
    2. your right to access the Services (except under any Free Trial granted to you by Chooza),

immediately comes to an end.

To view full Terms and Conditions click the link here