1.   Information about this Agreement

 

This Agreement sets out the terms and conditions on which ELLAS TV MAX will provide you with, and you agree to receive, the ELLAS TV MAX Service. By using the ELLAS TV MAX Service you agree to be bound by the terms and conditions of this Agreement. References to “we”, “us” or “our” in this Agreement will be read as references to ELLAS TV MAX.

 

2.   Accessing the ELLAS TV Max Subscription

 

To join ELLAS TV MAX you must:

 

• be at least 18 years old;
• have a compatible Device that is connected to the internet in the Territory; and
• have a ELLAS TV MAX Account linked to a valid Australian credit card with a billing address in the Territory or agree to third party billing with one of our authorised third party billing partners.

 

1. Users of the ELLAS TV MAX Service are responsible for all costs arising from the use of the ELLAS TV MAX Service including, without limitation, all extra services
2. You can register on top of your primary device that you use to access ELLAS TV MAX in the same household:

 

• up to one (1) Additional Device(such as our Proprietary STB or any compatible devices through our TV App from their Proprietary Operating System that connects to a TV through an HDMI cable or through a TV that has our TV App available in their TV App Store) and/or a mobile device, on your ELLAS TV MAX Account at any time for an Extra Monthly Cost,

 

In total a Maximum Number of two (2) concurrent streamings per account/household. Extra Monthly Costs may differ for each option.

 

1. Compatible Devices may be changed by us from time to time.
2. ELLAS TV MAX may deny you access to your ELLAS TV MAX Service or suspend or cancel your ELLAS TV MAX Subscription if you attempt to register and/or de-register an unreasonable number of Devices in one day or attempt to use the ELLAS TV MAX Service in a household other than the household, the ELLAS TV MAX Subscription was initially registered upon or used the registered additional device(s) or the extra login(s) from App in a household other than the household, the ELLAS TV MAX Subscription was initially registered upon. ELLAS TV MAX may monitor the number of your Registered Devices.
3. The quality and availability of the ELLAS TV MAX Service may be affected from time to time by factors that are outside of our reasonable control, such as technical faults in the network of your internet service provider or internet speeds.
4. We may upgrade the ELLAS TV MAX Service at any time. For the best experience, you must ensure that either your STB or operating system and ELLAS TV MAX Application are updated to the latest version.
5. We cannot guarantee the user experience and content will be consistent across every compatible Device. The quality of the display of ELLAS TV MAX content may vary across programs and Devices and will be affected by factors such as your location and the type of internet access you have.
6. You will provide us with proof of your identity if we reasonably ask you to do so from time to time.

 

3. Username and Password

 

1. All Services require you to register. We reserve the right to decline to provide access to any of the Services to any person for any or no reason. If you choose to register, you must submit a valid e-mail address, a postal address, and a valid credit card during the registration process and be at least 18 years of age.
2. You may only register for an ELLAS TV MAX Subscription (“Subscription”) if you live within a market in which ELLAS TV MAX is available (the “ELLAS TV MAX Market”), and you must register for the Subscription using your residential address. You may only use the Services to receive television signals available in your Designated Market. You may not use or attempt to use the Services to access signals that are not available in your Designated Market or register for a Subscription if you reside outside of the ELLAS TV MAX Market, including, without limitation, by providing a false home address, using a business address, by using another person’s login and password or by any other method that misrepresents or conceals your residential address. ELLAS TV MAX reserves the right to verify your residential home address using your Internet Protocol address, your billing information, geo-location and any other information that you, your ISP, or your computer system provide to ELLAS TV MAX, and any publicly available information.
3. You are responsible for safeguarding the password you use to access any secure Services areas. You understand that any information you provide will be treated by ELLAS TV MAX in the manner described in this Agreement and our Privacy Policy. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify ELLAS TV MAX of any unauthorized use of your password. ELLAS TV MAX reserves the right to refuse providing access to the Services to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

 

4. Personal Information

 

1. ELLAS TV MAX ensures that we only use your personal information in accordance with the Privacy Act 1988 (Cth).
2. ELLAS TV MAX collects, stores, uses and discloses personal information about you including your name, address, contact details and Payment Option information in accordance with our Privacy Policy.
3. You acknowledge and agree that ELLAS TV MAX may collect information relating to programming or advertising or other services viewed, used or accessed by you via the Service when you or anyone else uses the Service as set out in our Privacy Policy. Where that information is capable of identifying you, we will handle that information in accordance with our Privacy Policy.
4. By creating an Account, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy.

 

5. Use of the Services

 

1. You may utilize the ELLAS TV MAX Products to access and manage over the air broadcast television signals remotely via the Internet utilizing supported personal devices including smart phones, tablets, personal computers, netbooks and certain other types of devices capable of Internet connection (collectively “Supported Devices”). A list of current Supported Devices is provided to you upon acquisition of the ELLAS TV MAX Product. Such use requires your registration in accordance with section 1 above.
2. In connection with your registration, subject to these Terms, ELLAS TV MAX hereby grants you a non-exclusive, non-transferable, limited right to use and control the ELLAS TV MAX Product to access over-the-air broadcast television broadcast content within your Designated Market. “Designated Market,” as used herein, means and is limited to those broadcast channels that are made available to you by ELLAS TV MAX based on your residential address. A list of the available channels in your Designated Market is provided to you upon registration. The right granted to you, as a registered member, in this paragraph does not include, and specifically excludes, any right to view over-the-air broadcast content from outside your Home Market. ELLAS TV MAX does not guarantee reception of any particular channel. The address that you provided in connection with registering on the Site must be your residential address.
3. You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions set forth below in these Terms of Use.
4. You agree not to circumvent, disable or otherwise interfere with security-related features of the ELLAS TV MAX Product and website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services.

 

6. Acceptable Use Policy

 

You agree not to use the Services to take any action(s) that:

 

1. are contrary to ELLAS TV MAX ‘s public image, goodwill, or reputation.
2. infringe on ELLAS TV MAX or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
3. express or imply that any of your statements, activities or causes are endorsed by ELLAS TV MAX, without our prior written consent in each instance.
4. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability.
5. are libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.
6. transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
7. restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services.
8. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services.
9. remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content.
10. sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever;
11. distribute any virus, worm or other similar or deleterious files, scripts or programming routines.
12. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of ELLAS TV MAX or its licensors or suppliers.
13. involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way applicable laws regarding the distribution of pornographic content or representation of violence.
14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission.
15. execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
16. harvest or collect information about users or members of the Services without their express consent.

 

Improper use of the Services and/or Content may result in immediate termination of your access to and use of the Services, and/or civil or criminal liabilities.

 

7. Intellectual property

 

1. The Site and Services contain information about and related to ELLAS TV MAX including advertising, logos, trademarks, pictures, videos, information, digital images, software, testimonials, blog posts, and other content, all of which is and/or may be protected under trademark and copyright law and other federal and state laws. Although ELLAS TV MAX makes the Site accessible, ELLAS TV MAX does not intend to give up its rights, or anyone else’s rights, to the materials appearing on the Site. Except for certain social network features enabled on the Platform as set forth in these Terms, you may not copy (except with respect to personal use of the DVR Equipment in accordance with these Terms), modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any of the material displayed on the Site and/or ELLAS TV MAX App(s).
2. ELLAS TV MAX and the ELLAS TV MAX logo (“ELLAS TV MAX Marks”) are trademarks of ELLAS TV MAX or its affiliates. Other trademarks, service marks, graphics, logos and or domain names appearing on the Site may be the trademarks of third parties. This Agreement does not provide you with any right, title and/or interest to reproduce or use the Marks or any third-party trademarks, service marks, graphics, logos and/or domain names. Our trademarks may not be used to identify products or services that are not ELLAS TV MAX’s in any manner likely to cause confusion, in or as a part of your own trademarks, or in a manner that implies that ELLAS TV MAX sponsors or endorses your products or services.
3. ELLAS TV MAX does not own the copyrights or any other intellectual property rights in any broadcast television programming, including third party advertisements, that you choose to view using the ELLAS TV MAX Product. ELLAS TV MAX provides only the equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of and/or disseminating any over-the air broadcast content that you chose to access using the ELLAS TV MAX Equipment.
4. ELLAS TV MAX has and retains exclusive ownership of all right, title, and interest in and to the ELLAS TV MAX Product, Site and Services, together with any improvements, enhancements and/or modifications. Without limiting the foregoing, ELLAS TV MAX retains and does not transfer any and all patents, copyrights, trade secrets and any other intellectual property rights or other legal rights associated with the Site and Services. You acknowledge that your use of the Services may require software that is licensed, sold and/or provided to you by third parties and is included on your supported devices (“Third Party Software”). Notwithstanding any other provision of the Agreement to the contrary, the Agreement shall not be deemed to apply to or govern your use of any Third-Party Software and such Third-Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third-Party Software.
5. You may not reverse engineer, disassemble, modify, decompile and/or create derivative works of the Services or ELLAS TV MAX Product or in any way derive from the Services or ELLAS TV MAX Product any source code. You agree not to remove, alter, or obscure any product identification, copyright, or other intellectual property notices contained or embedded in or on the ELLAS TV MAX Product or any content that you access utilizing the Services.
6. The Services may include third party advertisements. All third-party advertisements and references to third party products, services, companies, television stations, networks, programs, and Web sites on the Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that ELLAS TV MAX is in any way affiliated with any third party. All third-party trademarks displayed on the Site are the property of their respective owners.
7. ELLAS TV MAX makes no representation whatsoever regarding the content of any other Web sites accessible through or from the Site. ELLAS TV MAX has no control over the contents of the Web sites of third parties. A link out to a non-ELLAS TV MAX Web site does not mean that ELLAS TV MAX endorses or accepts any responsibility for the content or use of such Web site or any product, service or other material offered on that site. By using the Services, you expressly relieve ELLAS TV MAX of any and all liability arising from your use of any third-party website.
8. ELLAS TV MAX makes no warranties or representations regarding the over-the-air broadcast content or ELLAS TV MAX Programming available through the Site, ELLAS TV MAX App(s), ELLAS TV MAX Equipment and/or ELLAS TV MAX Platform. Without limitation on the foregoing, ELLAS TV MAX does not represent or specify that any content available through your Subscription is appropriate for all ages. ELLAS TV MAX does not separately provide closed captioning, ratings, and/or emergency broadcast warnings.

 

8. Copyright Complaints

 

1. ELLAS TV MAX respects the intellectual property of others, and we ask our users to do the same. ELLAS TV MAX will promptly process and investigate notices of alleged infringement on the Site and/or ELLAS TV MAX App(s) and will take actions as appropriate under applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been “used” in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:

 

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
• a description of the copyrighted work or other intellectual property that you claim has been infringed.
• a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it.
• your address, telephone number, and email address.
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
• ELLAS TV MAX’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
  Ellas TV Max Inc.
  2111 Chestnut Ave.
  Glenview IL. 60025
  Att: Pavlos Tsamakos

 

9. No Warranty

 

THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ELLAS TV MAX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELLAS TV MAX MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ELLAS TV MAX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

 

10. Indemnification

 

You agree to fully indemnify, defend, and hold ELLAS TV MAX, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your wilful misconduct or gross negligence. This defence and indemnification obligation will survive this Agreement and your use of the Services.

 

11. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ELLAS TV MAX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ELLAS TV MAX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ELLAS TV MAX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, ELLAS TV MAX WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF ELLAS TV MAX TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELLAS TV MAX AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

12. Term, Termination and violation of the Terms

 

1. This Agreement is effective from the date that you first access the Services or submit any information to ELLAS TV MAX, whichever is earlier, and shall remain effective until terminated in accordance with its terms.
2. ELLAS TV MAX may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all ELLAS TV MAX rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations hereunder shall also survive any termination hereof.
3. We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate ELLAS TV MAX to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.
4. ELLAS TV MAX will have the right to investigate and to bring any claim for violations of the Terms of Use, including intellectual property rights infringement and security issues, to the fullest extent of the law. ELLAS TV MAX may involve and cooperate with law enforcement authorities for the prosecution of users who violate these Terms of Use. You acknowledge that ELLAS TV MAX has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

13. ELLAS TV Max Subscription, Billing and Cancellation

 

1. Ongoing Subscription: Your subscription to ELLAS TV MAX operates on a month-to-month basis and will continue without termination until you choose to cancel or in the event that we terminate your subscription. To utilize the ELLAS TV MAX service, you are required to have Internet access and to provide us with a current, valid, and accepted payment method, which may be updated from time to time. The monthly subscription fee will be billed to your designated payment method. It is imperative that you cancel your subscription before it renews each month to avoid the billing of the next month’s subscription fees to your payment method. If the customer Prepaid for the whole year, due to the promotional discount, there will be NO REFUNDS.
2. Payment Methods: We accept only credit and debit cards as valid forms of payment; EFTPOS cards are not accepted. If a payment is not successfully settled due to expiration, insufficient funds, or for any other reason, and you fail to update your payment method via signing into our website and accessing your account, your subscription will be automatically cancelled. This policy ensures a smooth billing process and upholds the integrity of your subscription service. We advise you to keep your payment information current to prevent any interruptions. Note that some payment methods may incur additional fees imposed by the issuer, such as foreign transaction fees. We recommend consulting with your payment method service provider for more details on any potential charges.

3. Billing Cycle: Our service operates on a prepaid basis, with the subscription fee billed on the 1st of each month, covering the entire month in advance for the duration of your subscription. The subscription will continue each month thereafter unless and until your subscription is cancelled. For subscribers who sign up on any date other than the 1st, a prorated charge will be applied at sign-up to account for the period until the first of the following month. After this initial prorated charge, regular billing will resume on the 1st of each month. Subscription fees are considered fully earned upon payment. We reserve the right to alter the timing of our billing, and any such changes will be communicated to you in advance.

4. Recurring Billing: By initiating your ELLAS TV MAX subscription and providing or designating a payment method, you authorize us to charge you a monthly subscription fee at the then-current rate, along with any other charges you may incur in connection with your use of the ELLAS TV MAX service. You acknowledge that the amount billed each month may vary for reasons that may include different amounts due to promotional offers, promotional code redemption, and/or changes or additions to your subscription plan. You authorize us to charge your payment method for such varying amounts, which may be billed in one or more charges each month.

5. Differing Subscriptions: We offer a variety of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. Certain promotional subscriptions may be 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. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans.

6. Price Changes: We reserve the right to adjust the pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.

7. No Refunds: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future under any circumstance.

8. Cancellation: You may cancel your ELLAS TV MAX subscription at any time. The service will terminate at the end of your current billing cycle, ensuring you are not charged for the next month. To cancel a subscription, customers must sign in to their account on our website and follow the steps provided for cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH SUBSCRIPTION PERIODS OR UNWATCHED MOVIES OR TV SHOWS. It is crucial for customers to follow the proper cancellation process via their account on our website to prevent future charges. We are unable to process cancellations that are requested via email or through any method outside the official cancellation procedure on our website.

 

14. Miscellaneous

 

This Agreement shall be governed by and interpreted in accordance with the laws of Australia, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by ELLAS TV MAX. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.

 

15. Severability
    In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.
16. Waiver
    The failure of ELLAS TV MAX to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
17. Controlling Law and Jurisdiction
    These Terms of Use and any action related thereto will be governed by and interpreted in accordance with the laws of the Switzerland without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the competent court of the Canton of Vaud, Switzerland, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
18. Entire Agreement
    These Terms of Use constitute the entire and exclusive agreement between ELLAS TV MAX and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between ELLAS TV MAX and you regarding the Services.

 

Contact
If you have any questions about these Terms of Use, please contact ELLAS TV MAX at support@ellastvmax.com.au