TERMS & CONDITIONS
The Evoplay website provides various features subject to the following conditions:
By opening the Evoplay website, you agree to be bound by these terms, which shall take effect immediately on your first use of the service. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to Evoplay.
- 1. Changes to Terms of Use
These terms may change from time to time at sole discretion of Evoke Digital Australia PTY Ltd [Evoke] and you should be aware of it at all times. Your use of the Evoplay website will be treated as your deemed acceptance of the terms. If you do not agree to any of the term or the changes made thereto, you should cease using the services.
When using the Evoplay website, you shall also adhere to the guidelines, terms and agreements (“Terms”) website liable to such service.
- 2. Membership
2.1 Your Evoplay membership will continue until terminated. To access the Evoplay service, you must have Internet access, an Evoplay-ready device, and provide valid Payment Method(s).
2.2 Specific details about your Evoplay membership can be found by visiting the "My Account" section on our website.
2.3 Promotional Offers: Evoke may offer special promotions, plans, or memberships at its discretion. Offer eligibility and conditions will be disclosed when you sign up.
- 3. Billing and Cancellation
3.1 Billing Cycle: Membership fees and additional charges will be billed to your Payment Method on the specified date. Visit the "Billing details" link on the "Account" page for information on your billing cycle.
3.2 Payment Methods: You authorize us to charge any associated Payment Method if your primary one fails. You are responsible for any uncollected amounts.
3.3 Cancellation: If you need to cancel your subscription with Evoplay, you should send a support ticket via email to support@evoplay.com.au. Be sure to include any necessary details and a brief explanation for the cancellation. According to their terms of use, your subscription will be cancelled within 48 hours of the request.
3.4 Changes to Price and Subscription Plans: We may change subscription plans and prices, with notice provided at least 30 days in advance.
- 4. Users Agreement
4.1 Electronic Communication: Users agree that communications are electronically transmitted, satisfying any legal writing requirement.
4.2 Service Continuance: Continued use constitutes binding acceptance of Evoplay terms. Users must stay informed about updates.
4.3 Expansion of Services: New services fall under Evoplay's terms and conditions.
4.4 Technical Failures: Evoplay is not responsible for technical failures in electronic communication via GPRS.
- 5. Services
5.1 Service includes browsing Evoplay content from mobile devices and accessing features through the website.
5.2 User Charges: Carrier charges, data fees, and other rates apply. User agrees to communicate certain usage information to Evoplay.
5.3 Network Transmission: Evoplay is not liable for network or message transmission failures.
- 6. Copyright
The contents, Movies, Telefilms (collectively “materials”) are protected by the copyrights laws. Unauthorized copy and distribution shall be liable for prosecution.
- 7. Trademarks
Evoke is the exclusive owner of the Evoplay logo, and any unauthorized use of it would violate copyright and trademark laws. Users must confirm they are 18 years or older and accept responsibility for all activities under their account. Evoke reserves the right to terminate a user's access to the services for breaching terms or at their discretion, especially if a user causes harm to Evoke or others. Users must comply with laws and codes of conduct, keep their account secure, and report security breaches. Evoke disclaims all warranties related to the mobile service. Users indemnify Evoke from any claims resulting from their actions on the Evoplay website.
- 8. Intellectual Property Rights
The terms of service for Evoke state that only the user who has access to the service may use it, unless otherwise agreed upon in writing by Evoke. The content available on the service belongs to Evoke or its licensors and is protected by copyright and other intellectual property laws. Users are only permitted to view, use, and play the content for personal, non-commercial use. Reproducing, distributing, selling, broadcasting, or exploiting the content for commercial or non-commercial purposes without prior written consent from Evoke is prohibited. The content provided by Evoke, including text, software, graphics, photos, music, videos, and trademarks, are owned or licensed by Evoke and are subject to copyright and other intellectual property rights under Sri Lankan laws.
- 9. Limitation of Liability
This outlines the limitations of liability for Evoke and its affiliates regarding damages arising from the use of their service. It states that neither Evoke nor its partners will be liable for various forms of damages, including direct, indirect, incidental, special, exemplary, punitive, or consequential damages. This applies regardless of whether Evoke has been informed of the potential for such damages. However, it acknowledges that in some jurisdictions, limitations on liability for certain types of damages may not be enforceable.
- 10. Governing Law
This Agreement shall be construed in accordance with, and all actions arising under or in connection therewith shall be governed by the laws of Sri Lanka.
Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates or agents, shall be subject to the jurisdiction of the High Court, Colombo, Sri Lanka.
For more information please drop an email to support@evoplay.com.au