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This document regulates the rules regarding the Privacy Policy on which the Company Aqui Media Australia Pty Ltd (hereinafter "The Controller") as Data Controller, will carry out the processing of the personal data of its customers (buyers or not of its services) and suppliers or third parties, provided by those during their access to the website www.ohjazz.tv in their registration process or provided by any other means valid in law valid in law.
If you expressly agree to the transfer of your data to The Controller, whatever means you do so, provided that your consent is express, you will be deemed to be giving it in a free, informed, specific and unambiguous way to The Controller to process your personal data, in accordance with the Privacy Act of 1988 and comply with the Australian Privacy Principles of March 12, 2014.
Controller´s data:
Controller: Aqui Media Australia Pty Ltd
ABN 33 650 056 509
Website: www.ohjazz.tv
Postal Address: 46 Luculia Avenue, Baulkham Hills, NSW, 2153, Australia
Incorporation date: 9th May 2021
Email: [email protected]
The Controller may collect on the website the data of its customers, suppliers and other third parties (hereinafter collectively referred to as "the User" or "the Users") when they access in and register or request their services through the contact link.
The User must enter all the data that the Platform requires at all times (especially those marked with an asterisk), because if not, he/she will not be able to complete his registration as a User or the use of certain functionalities or services available through that.
Data from Users will also be collected where by other means the Data Subjects have provided it to The Controller, within the normal development of a commercial or professional activity.
In addition, the User shall ensure that the Personal Data provided is true and accurate and shall notify through the appropriate conduit any changes or modifications thereto.
In the event that the User provides data of third parties, he/she shall assume responsibility for having previously informed him/her and having his/her consent to it, in accordance with Article 14 of the GDPR).
Category of data collected
The Controller may collect and process the following personal data of the User:
Identification data
First and last name,
Tax n#,
Company registration n#
Telephone number,
Email and postal address
Controller will not take any bank, credit card or similar data from you. Your payments will be done through an external platform that will require and file the relevant data. Previously to your access to the payment platform you will be promptly informed.
Recipients of the data
Those Interested Parties who perform services for The Controller, related to the service that The Controller provides to the User, or vice versa, will have access to the User's data. The Controller will maintain the corresponding custom processing contracts with each of the suppliers providing services to it, with the aim of ensuring that these providers will process your data in accordance with the provisions of current legislation.
Personal data may also be transferred to the competent authorities provided there is a legal obligation.
Likewise, they may be communicated to financial institutions through which the management of collections and payments is articulated.
They may also be transferred to third parties related to The Controller's activity, in order to send the User commercial information that might be of interest to him, always connected to The Controller business and provided that the User has expressly accepted it.
Purpose of the treatment
The Controller will process personal data for the purposes set out below, depending on the reason for which they were provided to it:
Carry out the provision of the contracted services, the maintenance of the contractual relationship and the monitoring of the same.
Contact, process, manage and respond to the request, incident or query of the User (whether via email, contact form or telephone).
Manage, where appropriate, the User's participation in the customer's private area.
Manage, where appropriate, the sending of commercial communications about products and services marketed by The Controller by electronic and/or conventional means.
Make, where appropriate, a User profile to offer you The Controller-related products and services in accordance with your interests.
Assess and manage, where appropriate, the User-provided curriculum for selection processes that fit your professional profile and carry out the necessary actions for the selection and recruitment of staff.
Based on the above and depending on the category of User, The Controller may give the data the following uses:
Clients:
Budgeting, Billing
Sending commercial communications
Updates of service conditions
Regular communication within the contracted service provision
Perform a professional profile for the offer of services
Providers
Billing
Sending commercial communications
Updates of terms of service
Usual communication within the provision of contracted services.
Social Media Contacts
Creating a followers community
Handling friend requests
Sending business information
Make a professional profile for the service offering
Service Conditions updates
Job applicants
Valuation of the data included in the curriculum to analyse the suitability to the needs of The Controller
Sending relevant information related to the job sought in the organization
In case the User expressly accepts it, the data may be transferred to collaborating or related companies in order to help the User to get a job.
Legitimation for the collection and processing of data
The legal basis for the collection and processing of User data are, on the one hand, the mandatory obligation to be able to provide the contracted services and on the other, the consent expressly granted by the User for their collection and processing.
Duration of the treatment and conservation of the data
The data for the management of the relationship with the customer, for the billing and for the collection of the services will be kept while the contract is in force. Once this relationship is terminated, if applicable, the data may be kept for the time required by the applicable legislation and until they prescribe any responsibilities arising from the contract.
Data for the management of queries and requests will be kept for the time necessary to respond to them, with a maximum period of one year.
The data for the sending of commercial communications and commercial profiling of our products or services will be kept for as long as the commercial relationship with the User is maintained and does not withdraw their consent to this.
Resume data for selection processes will be retained for two years.
For information purposes, the legal time limits for the retention of information in relation to different matters are set out below
MATTER
TERM
Labour or social security-related documentation
7 years
Accounting and tax documentation for commercial purposes
7 years
Accounting and tax documentation for tax purposes
5 years
Control of access to buildings
1 month
Video surveillance
1 month
User´s rights:
Any User who provides their personal data to The Controller may exercise the following rights:
Access, rectification, opposition, deletion (to be forgotten), portability and limitation of processing, as well as rejecting the automated processing of personal data collected by the Controller.
In turn, every User shall have the right to withdraw at any time the consent he has given.
These rights may be exercised free of charge by the User, referring to the request that is specified in the request through the contact details contained in the link of Legal Notice.
The User has the right to revoke the consent given at any time for the sending of commercial communications, simply notifying The Controller and informing he does not wish to continue receiving commercial communications. To do this, the User may revoke their consent by referring to their request through the contact details contained in the Legal Notice or by clicking the link “unsubscribe”
The User has the right to file a complaint with the Office of the Australian Information Commissioner (OAIC) if he understands that the Controller has committed any type of breach in the processing of his data. https://www.oaic.gov.au/
Minors
The Controller will not collect for himself, in any case, data of minors. Given the difficulty of checking the age of Users, it will be the holders of the parental authority or the guardianship of children under the age of 15, who must establish the control measures on the devices that minors may access to, in order to prevent them from improperly giving their data.
If the Controller has reliable knowledge at any time that a minor has accessed the platform and their data are being processed without the authorization of their legal representatives, will immediately unsubscribe from such User.
Security measures
The Controller undertakes to comply with the commitment of secrecy of personal data and its duty to keep it, processing the personal data of the User confidentially, adopting the necessary technical and organisational measures that guarantee the security of the data and prevent its alteration, loss, treatment or unauthorised access, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed.
Changes to the privacy policy
The Responsible may modify its Privacy Policy in accordance with the applicable legislation at any time. In any case, any modification of the Privacy Policy will be duly notified to the User to be informed of the changes made in the processing of their personal data and, if the applicable regulations so require, the User can give their consent.
We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Please, be advised that our Data Processors will treat your data only for the purposes for which it has been assigned, and not for other purposes. Our appointed data processors include:
(i)Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: [email protected].”
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This document regulates the rules regarding the legal warnings of the website of the company Aqui Media Australia Pty Co (hereinafter, "the Controller"), regarding the use of the page, contents, data entered (Privacy Policy), responsibility for the use or referring to the Cookies used (Cookies Policy), etc.
Thus, the user is informed in a clear, precise and concise manner of the rights that he/she has and the commitments that he/she assumes by reading the documents called "Legal Notice", "Privacy Policy" and "Cookies Policy", which can be accessed through the corresponding links on the Web.
Controller´s data:
Controller: Aqui Media Australia Pty Co
ABN 33 650 056 509
Website: www.ohjazz.tv
Social Address: 46 Luculia Avenue, Baulkham Hills, NSW, 2153, Australia
Incorporation date: 9th May 2021
Email: [email protected]
The mere access and use of the Website attributes the condition of user (hereinafter, the "User" or "Users") of the Website and implies the full and unreserved acceptance by the User of the total content of the Legal Notice in the version published on the Website at the time of such access.
Internal rules applicable to navigation:
In each access of the Users to the Platform, provided that this implies that the Controller must collect some type of data that allows to identify them (name and surname, email, telephone number, mobile number, billing or shipping address, etc., hereinafter, "the Personal Data"), whether with simple navigation, purchase of the products of the Controller or use of its services or functionalities , the Privacy and Cookies Policy and, or any other document mentioned in those (hereinafter, the "Terms and Conditions") in force at all times, will apply.
Access to and use of the Website is subject and, consequently, will be governed by all the provisions of this Legal Notice, without prejudice to the particular conditions that apply to specific services included in the same.
Changes of the internal rules:
This Legal Notice, as well as the Privacy Policy and cookies policy may be modified by the Controller, being in force at all times that applicable to the specific operation of the User, so it will be responsibility of the user to visit this Notice and the Policies whenever necessary, in order to verify that the operation of access, purchase, etc., is subject to certain conditions or policies.
Use of the Website by the User:
The User undertakes to use the Website in accordance with current legislation, with the provisions of this Legal Notice, as well as with morality, good faith and public order.
The User will be liable for damages of any nature that the Owner of the Website may suffer as a result, directly or indirectly, of the User's breach of the Legal Notice.
The Owner of the Website reserves the right to suspend, interrupt, deny or withdraw access to and/or use of its Website at any time and without prior notice, to any User who breaches this Legal Notice.
Exclusion of Responsibility of the Controller:
To the extent permitted by applicable law, the Website Owner disclaims all liability arising, including but not limited to:
Any error, deletion, delay or anomaly that may occur in the transmission and operation of the Website, which originate from causes of force majeure or fortuitous event (whether internet problems, computer errors, telephone breakdowns, hackers, etc.), or that would have been caused by bad faith of the User.
Those arising from the improper use that Users may make of the Website or the liaison websites, and that result in an infringement of intellectual and/or industrial property rights or in other civil or criminal illegals.
The claims of third parties arising from the misuse by the User of the Website.
The acts or omissions of third parties, regardless of whether they could maintain some contractual relationship with the Owner of the Website.
Access to or use of the Website to unsuitable content, as well as the sending of data, by minors, without the consent of parents or legal guardians, when the Law requires it, being the responsibility of the parents or legal guardians to exercise adequate to avoid the access or the minors to the content.
The errors, omissions, or outdated content published on the Web.
The uncertain, inaccurate, incorrect or incomplete data provided by the User that prevent transmitting the contracted products or services and / or contact the User
Links to third-party pages:
The Website may make available to Users links to other websites managed by third parties, through technical devices such as, but not limited to, hypertext links, banners, buttons, directories and any other search tool that allows the User to access websites other than the Web or third-party websites (hereinafter, "Links"). The use of Links does not imply that there is dependence with the Owner of the Website, unless expressly stated otherwise, nor does it imply the acceptance, endorsement or recommendation by the Owner of the Website of the contents or services offered by them, nor any guarantee to the User. Therefore, the User must assess under his/her responsibility the navigation to the other websites through such Links, thereby holding the Web Owner exempted from all responsibility in relation to the information, data, files, products, services and any kind of material existing on the pages that are accessed to the Web.
Likewise, all those Links between any website and the Website does not imply, by their mere existence, any legal relationship between the Website and the website incorporating such Links, as well as the knowledge and acceptance by the Owner of the Website of their existence and content.
Intellectual and Industrial Property
The Controller holds all rights related to images, videos, articles, links, etc. found on this website or has an authorization from the owner thereof. No user may make use of them without prior authorization from the Controller.
It will be understood that the Controller is the exclusive owner of any trademark or distinctive object of intellectual property that appears on its website or, where applicable, that has an authorization from the owner of those, that is limited only to its use on the Website of the Controller and that, therefore, the latter cannot assign to any user without the prior authorization of its owner.
Regulations and jurisdiction:
Our legal texts and Policy comply with the Privacy Act of 1988 and comply with the Australian Privacy Principles of March 12, 2014.
These texts will remain accessible to users at all times from this website.
If the parties do not agree to submit to mediation or arbitration in advance, this legal notice establishes the agreement to submit to the Courts and Tribunals of the Controller's domicile, expressly waiving any other that may correspond to them.
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Use of Cookies:
This page belongs to AQUI MEDIA AUSTRALIA PTY LTD (hereinafter “The Controller”) and uses Cookies, that is, small data files that are stored on the Client's computer or mobile devices, with the aim of facilitating navigation on the web, obtaining data on behaviors, preferences, etc., improving their experience and simplifying their visits to the Platform.
In this way, cookies keep the memory of your preferences on future visits. Personally identifiable information such as name, address, password, bank, card or payment details, etc. will never be stored in Cookies.
Consent:
By accessing the web www.ohjazz.tv you, as a user, must selectively accept or reject the use of cookies in the drop-down that appears when accessing the page, in accordance with this Cookies Policy, having access at all times to block them, reject their use or delete them.
Types of Cookies:
Controller may use both "Permanent or persistent cookies" and "Session cookies". The first ones are stored on the Client's device for a maximum of ONE (1) month, while the session ones are only stored during the visit to the Web or the App, being deleted at the moment in which the Client closes the session in his browser.
Permanent Cookies will be used in case the Customer selects "Remember me" when logging in.
Likewise, third-party Cookies may be used to collect statistics in tools such as Google Analytics or Core Metrics or other similar sites. These cookies are managed by another entity.
There are also "Technical Cookies", which allow navigation and use of the services offered; "Analysis cookies", which facilitate the work of monitoring and studying the behavior of users; "Personalization cookies", which allow successive access by saving certain user characteristics, such as language, regional settings; "Geolocation Cookies" that allow storing device location data to offer more appropriate content; or "Advertising Cookies", which collect information about the advertisements seen by each user on web portals anonymously etc.
Linked to the services provided by responsible, some of them may include the connection to different social networks such as Twitter, Linkedin, Facebook, Instagram, etc. If the user gives his authorization to the cookies policy and the privacy policy, he authorizes the corresponding social network to store a permanent Cookie, so that it will remember his identification, being able to delete it at any time from the configuration of the corresponding social network.
Cookies that can be used on this website:
- Social media cookies: Social media cookies may be stored in your browser while you browse
The companies that generate these cookies corresponding to the social networks used by this website have their own cookie policies:
- Twitter cookie, as provided in its privacy policy and use of cookies
- Linkedin cookie, as provided in its Cookies Policy
- Facebook cookie, as provided in its Cookies Policy
NAME
DURATION
PURPOSE
Own: Sesióntve_leads_unique
Expires at the end of the session
Store user information and their sessions to improve the user experience
Third Party persistente_ga
2 years from setup
It is used to distinguish users. It is a cookie belonging to Google Analytics. More information
Third Party persistente_gat
10 minutes
It is used to know the recharge ratio. It is a cookie belonging to Google Analytics. More information
Third Party persistente__utma
2 years from each update
This cookie is usually set during the first visit. If the cookie is deleted manually, it will be set again on the next visit with a new ID. In most cases this cookie is used to determine unique visitors to our site and is updated with each page viewed. In addition, this cookie has a unique Google Analytics ID that ensures both its validity and its accessibility as an additional security measure. More information
Third Party persistente__utmb
2 years from each update
This cookie is used to establish and continue a user session on our site. When a user visits a page on our site, the Google Analytics code tries to update this cookie. If you do not find the cookie, it will create a new one. Each time the user visits a different page, this cookie is updated to expire after 30 minutes, thus continuing to find a single session at 30-minute intervals. This cookie expires when a user stops visiting our site for a period of 30 minutes. More information
Third Party PersistentAPISID, HSID, NID, SAPISID, SID, SSID
2 years from installation
Saves user preferences and other information from Google services that the user has. More information
Third Party persistente__utmt
Session
Historically, this cookie operated in conjunction with the cookie __utmb to determine whether a new session should be established for the user. Today it is not used but is still here to maintain backward compatibility with theurchin code.js and ga.js. More information
Third Party persistente__utmz
6 months from each update
This cookie saves information from references used by the visitor to reach our site, either directly, a referral link, a web search or an advertising campaign or by email. It is used to calculate traffic from web search engines, marketing campaigns and navigation through our site. This cookie is updated in each page view. More information
Own persistente__cfduid
5 years
The __ cfduid cookie is used to override security restrictions based on the IP address the visitor is coming. More information
Propia__smVID
Expires at the end of the session
Stores user information and their sessions to improve the user experience.
_remember_checked_on
Expires at the end of the session
Cookies with Twitter functionalities.
Third Party Persistentpl
90 days
It is used to record that a device or browser logged in through the Facebook platform. More information
Third party persistentfr
90 days
This is Facebook's primary advertising cookie. It is used to deliver, analyze and improve the relevance of ads. More information
Persistent Third Partiesb
2 years from installation
Facebook cookie that identifies the browser for login authentication purposes. More information
Third Party persistentec_user
20 days from installation
It is used in conjunction with the xs cookie to authenticate your identity on Facebook. More information
Persistent Third Parties
90 days from installation
It is used in conjunction with the c_user cookie to authenticate your identity on Facebook. More information
Third Party Persistentdatr
2 years from installation
From Facebook that identifies browsers for security and site integrity purposes, including account recovery and identifying accounts that may be at risk. More information
Since Cookies are not essential to browse the Website of the Controller, they can be blocked or rejected from the User's own browser in a generic way by accessing the "configuration" panel of your browser.
How to disable Cookies:
Notwithstanding the foregoing, Controller may use both Permanent Cookies and Session Cookies. The first ones are stored on the Client's device for a maximum of ONE (1) month, while the session ones are only stored during the visit to the Web or the App, being deleted at the moment in which the Client closes the session in his browser.
You can allow, block or delete the cookies installed on your computer by configuring the options of the browser installed on your computer.
Most web browsers offer the possibility to allow, block or delete cookies installed on your computer.
Below you can access the settings of the most frequent web browsers to accept, install or disable cookies:
Set cookies in Google Chrome
Set cookies in Microsoft Edge
Set cookies in Mozilla Firefox
Set cookies in Safari (Apple)
Third-party cookies.
This website uses third-party services to collect information for statistical purposes and web usage. DoubleClick cookies are used to improve the advertising that is included on the website. They are used to target advertising according to the content that is relevant to a user, thus improving the quality of experience in the use of it.
In particular, we use the services of Google Adsense and Google Analytics for our statistics and advertising.
Our site includes other functionalities provided by third parties. You can easily share the content on social networks such as Facebook, Twitter or Google +, with the buttons that we have included for this purpose.
Warning about deleting cookies.
When you enter our website, a window will appear warning you of the cookies used, and from which you can either access this Cookies Policy or accept or reject the cookies we use. Thus, you can delete and block all cookies from this site, but it is possible that part of the site will not work or the quality of the web page may be affected.
If you have any questions about our cookies policy, you can contact this website through our "Contact" channels.
Modification of the Cookies Policy
The Controller can update this Cookies Policy at any time, so users are recommended to consult this page each time they access the web, to check if there have been modifications.
For more information about the Controller and the treatment of your data, please visit our Legal Notice and Privacy Policy
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Oh! Jazz, a platform owned by Aqui Media Australia Pty Ltd, provides a personalized subscription service that allows our members to access entertainment content (“Oh! Jazz content”) over the Internet on computers and other devices ("Oh! Jazz ready devices").
These Terms of Use govern your use of our service, please, read them carefully. As used in these Terms of Use, "Oh! Jazz service", "our service" or "the service" means the personalized service provided by Oh! Jazz for discovering and accessing Oh! Jazz content, including all features and functionalities, our websites, and user interfaces, as well as all content and software associated with our service.
Membership
Your Oh! Jazz membership will continue until terminated. To use the Oh! Jazz service you must have Internet access and an Oh! Jazz ready device, and provide us with at least one Payment Method. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. You can find specific details regarding your Oh! Jazz membership by visiting the “settings” page on the platform and clicking “My Subscriptions”.
Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). The eligibility requirements and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
Billing and Cancellation
Billing Cycle. The membership fee for the Oh! Jazz service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on "My Subscriptions" in the platform’s “settings”. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Click on the "My Subscriptions" link on the "Settings" page in the platform to see your next payment date. If you signed up for Oh! Jazz using your account with a third party as a Payment Method, you can find the billing information about your Oh! Jazz membership by visiting your account with the applicable third party.
Payment Methods. To use the Oh! Jazz service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Updating your Payment Methods. You can update your Payment Methods by going to "My Subscriptions" on the settings page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Cancellation. You can cancel your Oh! Jazz membership at any time, and you will continue to have access to the service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Oh! Jazz content. To cancel, go to the "My Subscriptions" link on the settings page and follow the instructions for cancellation.
Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. We will notify you of those changes as soon as possible.
Oh! Jazz Service
The Oh! Jazz service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Oh! Jazz membership we grant you a limited, non-exclusive, non-transferable right to access the Oh! Jazz service and Oh! Jazz content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may access the Oh! Jazz content primarily within the country in which you have established your account and only in geographic locations where we offer our service. The content that may be available will change from time to time.
You agree to use the Oh! Jazz service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Oh! Jazz service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Oh! Jazz service; use any robot, spider, scraper or other automated means to access the Oh! Jazz service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Oh! Jazz service; insert any code or product or manipulate the content of the Oh! Jazz service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Oh! Jazz service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
The quality of the display of the Oh! Jazz content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Oh! Jazz content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Oh! Jazz ready device.
The software used by the platform is licensed to Oh! Jazz and may solely be used for authorized streaming and to access Oh! Jazz content through Oh! Jazz ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Oh! Jazz software and related third-party software. Oh! Jazz has the authorizations of third-party owners of software or parts of it used on the platform.
Passwords and Account Access. The member who created the Oh! Jazz account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the Oh! Jazz account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Oh! Jazz ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Oh! Jazz or our partners from identity theft or other fraudulent activity.
Warranties and Limitations on Liability. The Oh! Jazz service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
Class Action Waiver. Where permitted under the applicable law, you and Oh! Jazz agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and Oh! Jazz agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Miscellaneous
Governing Law and Jurisdiction. Applicable laws in New South Wales (Australia) will govern this Terms. The parties submit to the jurisdiction of the courts of New South Wales and any court having jurisdiction to hear appeals from such courts.
Customer Support. To find more information about our service and its features or if you need assistance with your account, please contact us via the email address provided on the website. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will prevail.
Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Changes to Terms of Use and Assignment. Oh! Jazz may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Last Updated: Apr 1, 2022